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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
The defendant shall pay KRW 1,384,086 to the plaintiff.
2...
Reasons
1. In the first instance trial, the Plaintiff filed a claim for overdue interest of KRW 8,132,371 (the remaining interest of KRW 3,554,343 as of November 9, 2018 (the remaining interest of KRW 1,384,086 as of July 21, 2016 at the time of transfer of principal 3,554,343) and interest of KRW 3,54,343 as of November 10, 2018, the Plaintiff filed a claim for overdue interest of KRW 8,132,371 (the remaining interest of KRW 1,384,086 as of July 21, 2016 at the time of transfer of principal 3,54,343) and the remaining interest of KRW 3,54,343 as of November 21, 2018, the court of first instance dismissed the Plaintiff’s claim for overdue interest of KRW 1,384,086.
2. Basic facts
A. On July 18, 2013, the Defendant entered into a loan transaction agreement with the Dispute Resolution Co., Ltd. and received a loan of KRW 7 million from the Dispute Resolution Co., Ltd.
(hereinafter referred to as “instant loan claim”): The loan interest rate of 3 years from the date when the contract expires: 39% per annum (39% per annum);
B. The remaining principal remaining as of July 21, 2016 of the instant loan claim is KRW 3,554,343, and the remaining interest is KRW 1,384,086.
C. On July 22, 2016, the Dispute Resolution Co., Ltd entered into an asset acquisition agreement with the Plaintiff to transfer the instant loan claim (as of July 21, 2016 on the date when the subject claim becomes final and conclusive) to the Plaintiff, and notified the Defendant of the fact of the said transfer. The notice of assignment sent to the Defendant includes the following contents:
I would like to give notice of the assignment of claims under Article 450 of the Civil Code because C (transferr) transferred all of the claims and all of all the incidental rights to A as of July 22, 2016 under the asset acquisition agreement concluded on July 22, 2016.
All rights to the principal, interest, delay damages, and guarantor in accordance with the assignment of the above obligation, and all other rights incidental thereto.