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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
The defendant shall pay to the plaintiff 6,851,120 won and 1,386.
Reasons
1. The Plaintiff sought against the Defendant for the payment of the claims that he acquired from the Defendant, Inc. (hereinafter “C&B”) and C&B Investment Loan Co., Ltd. (hereinafter “C&B”), and the court of first instance dismissed the claims asserted that he acquired from C&B as to the claims that he acquired from C&B.
Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim on the loan claim(s) which is the interest of 1,386,30 won and interest of 5,464,790, which is the interest of 5,464,790, which is the claim that the court of first instance rejected.
2. Determination as to the cause of action
A. On February 22, 200, C&B loaned a loan to the Defendant on or before the agreed rate of 24.5% per annum. As of May 30, 2013, the total sum of the principal and interest of the above loan claims is KRW 6,851,120 (= Principal KRW 5,464,790 in interest of KRW 1,386,330) (i.e., KRW 5,464,790 in interest of KRW 1,386,30) (ii) C&B transferred the above loan claims to the Plaintiff on June 21, 2013, and thereafter notified the Defendant of the assignment of claims.
3) According to the Plaintiff’s business regulations, the agreed interest rate for the purchase claim shall be 17% per annum within the limit of the original agreed interest rate. [The respective entries and arguments of Gap’s evidence No. 1 through No. 6, based on recognition, are the purport of the whole pleadings.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee, 6,851,120 won of the total amount of principal and interest and KRW 1,386,330 of the principal, 1,386,330 of the interest and interest, with delay damages at the rate of 17% per annum from May 31, 2015 to the date of full payment, which is the day following the date on which
3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the part against the plaintiff in the judgment of the court of first instance against the plaintiff is unfair on the ground of its conclusion.