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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 7,590,182 and KRW 1,739,313 among them.
Reasons
1. Facts of recognition;
A. On August 21, 2012, the Defendant entered into a loan agreement with C Co., Ltd. (hereinafter “C”) with the following content (hereinafter “instant loan 1”), and took out loans from C in KRW 15 million:
(h) Future loan number: D loan repayment method of KRW 15 million: Interest rate of equal interest (36 months of loan period, 604,360 won per month, 15 days per month): 26% per annum (38% per annum);
B. On February 1, 2013, the Defendant entered into a loan agreement with C as follows (hereinafter “instant loan 2”), and borrowed KRW 2.4 million from C.
(h) Future loan number: 2.4 million won loan repayment method: Interest rate per annum for equal repayment (38 months of loan period, two months of grace period, 110,752 won per month, 15 days per month of settlement date) : 29.5% per annum (38.5% per annum per annum);
C. On June 17, 2013, the Defendant entered into a loan agreement with C as follows (hereinafter “third loan”). The Defendant borrowed KRW 2 million from C.
(h) Future loan number: 2 million won loan repayment method: Interest rate per equal interest rate (36 months of loan period, 84,794 won per month, 15 days per month): 29.9% per annum (38.9% per annum per annum);
D. The Defendant paid C principal and interest in accordance with the instant loans Nos. 1, 2, and 3.
E. On December 26, 2017, C entered into an asset acquisition agreement between the Plaintiff and the Plaintiff to transfer the instant loan Nos. 1, 2, and 3 to the Plaintiff (the principal amount of the instant loan No. 1,739, 313 won as of October 31, 2017, overdue interest of KRW 1,547,395 won, overdue interest of KRW 966,037, and overdue interest of KRW 851,988, and overdue interest of KRW 966,037, and overdue interest of KRW 931,914,175 won as of October 31, 2017). At that time, C notified the Defendant of the transfer of the instant loan.
F. At the time of May 9, 2018, the principal amount of the instant loan claim is KRW 1,739,313; the interest amount before and after acceptance is KRW 1,547,395; and the interest amount after acceptance is KRW 344,050; and the principal amount of the instant loan claim is the principal amount.