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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 9,926,629 as well as its full payment from July 9, 2015.
Reasons
1. On August 6, 2013, AWP Co., Ltd. (hereinafter referred to as “AWP”) entered into a contract with the Defendant to lend KRW 3,58,335,00 among the loans by setting the lending limit of KRW 10,00,00,00 and the lending period of KRW 6,016, Aug. 6, 2016; the lending rate of KRW 3,558,335; the lending rate of KRW 3,58,335 on the same day to the Defendant; and the lending amount of KRW 3,58,335 on the same day to the Defendant. The lending amount of KRW 2,00,000 on August 20, 2013; KRW 2,000,000 on October 25, 2013; and KRW 2,60,000 on January 16, 2015, respectively.
(hereinafter “instant loan”). The Defendant did not pay the principal from July 9, 2015.
On October 30, 2015, A&P transferred the claim for the instant loan to the Plaintiff, and notified the Defendant of the assignment of the said claim by mail proving the content of the claim.
The instant loans are principal KRW 9,926,629 as of July 8, 2015.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, the amount of KRW 9,926,629, and damages for delay calculated by the rate of 38% per annum, which is the agreement rate from July 9, 2015 to the date of full payment, the Plaintiff seeks from the date of loan to the date of full payment.
3. Thus, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.