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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 17,031,436 and 3,821 among them.
Reasons
1. The plaintiff's assertion
A. A. On October 5, 2002, a mutual financing company of the Eastyang borrowed a loan to the Defendant (hereinafter “one loan”), and the first loan claims were transferred to the Plaintiff on or around April 2012 via Tyman Loan Co., Ltd. (B) on or around July 2005, a solomon M&C corporation acquired the existing loan claims against the Defendant from a non-specific financial institution (hereinafter “two loans”), and the second loan claims were transferred to the Plaintiff on or around May 2013 through Jinmon Loans, Co., Ltd. and mentoran C&C Loans.
C. The sum of the principal and interest of a loan as of November 11, 2014 (i.e., KRW 4,776,175 (i.e., KRW 1,459,563) (i.e., KRW 3,316,612) and the sum of the principal and interest of a loan as of KRW 12,255,261 (i.e., KRW 2,361,635 and KRW 9,893,626).
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the rate of 17% per annum to the Plaintiff within the agreed rate of 17% from the following day ( November 12, 2014) to the sum of 17,031,436 won (i.e., loans 12,255,261 won) and the balance of loans 3,821,198 won (i.e., loans 1,459,563 won) (i., loans 2,361,635 won).
2. Determination:
A. In full view of the entries of Gap evidence Nos. 1 through 4 and 6 (including paper numbers) and Gap evidence Nos. 7 additionally submitted in the trial and the purport of the whole pleadings, the plaintiff's above assertion can be acknowledged as it is.
B. Therefore, the defendant is entitled to 1.Ra to the plaintiff.
Since the plaintiff's claim is obligated to pay the money stated in the claim, it is reasonable, and the judgment of the court of first instance is unfair with some different conclusions, so the part against the plaintiff in the judgment of the court of first instance which accepted the plaintiff's appeal and ordered the defendant to pay the money, and it is so decided as per Disposition.