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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 6,00,000 as well as the full payment with respect thereto from August 26, 2016.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) on July 4, 2013 set the lending limit of KRW 10,00,000, interest rate of KRW 38.81% per annum, and interest rate of KRW 38.81% per annum, and the lending period of KRW 4,00,000 by July 4, 2016, loaned KRW 1,000,000 as the first use amount as of November 20, 2013, KRW 2,00,000,00 as of December 20, 2013, and KRW 1,00,000,00 as of January 14, 2014; and KRW 1,00,000 as of January 23, 2014; and 9,000,000 additional loans.
B. After that, the Defendant paid KRW 9,092,732 to C on August 27, 2014, repaid the principal amount of KRW 9,00,000,000, but thereafter, re-loaned KRW 6,000 from C on December 21, 2015 (hereinafter collectively referred to as “instant loan” in combination with loans listed in subparagraph 1-A), and on June 14, 2015, the interest rate and delay damages rate on the instant loan were changed to KRW 34.9%.
C. By August 24, 2016, the Defendant paid C totaling KRW 13,300,419 (i.e., interest amounting to KRW 4,300,419) as the repayment of the instant loan (i.e., KRW 9,00,000), but did not pay the instant loan from August 25, 2016.
C transferred the claim for the instant loan to the Plaintiff on July 29, 2016, and on August 11, 2017, the Plaintiff, who was delegated with the power to notify the assignment of claim by C, notified the Defendant of the assignment of claim by content-certified mail.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff, the transferee of the instant loan, the amount of KRW 6,00,000 of the principal remaining out of the instant loan, and damages for delay calculated at the rate of KRW 34.9% per annum, which is the agreed interest rate from August 26, 2016 to the date of full payment.
3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.
The judgment of the first instance is unfair in conclusion, and thus, it is intended to cancel this and order the payment of the said money.