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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
The defendant shall pay KRW 713,305 to the plaintiff.
2. Action.
Reasons
1. The scope of the judgment in this Court: (a) the Plaintiff filed a claim for overdue interest of KRW 1,112,845 with respect to total outstanding loan claims as of May 9, 2018 (i.e., total outstanding principal 245,263 won until May 22, 2015; (b) total remaining interest of KRW 713,305 won before transfer until May 22, 2015; and (c) total interest of KRW 154,277 after transfer from May 23, 2015 to May 9, 2018; (d) the Plaintiff filed a claim for overdue interest of KRW 245,263 as of May 10, 2018; (e) the court of first instance dismissed the Plaintiff’s claim, excluding the above claim for overdue interest of KRW 713,305 won until May 22, 2015; and (e) the remainder of the claim is limited to the remainder of interest of KRW 315,5.25.
2. Basic facts
A. On January 1, 2012, the Defendant entered into a credit transaction agreement with C Co., Ltd. (hereinafter “C”) with terms and conditions as follows, and borrowed KRW 10 million from C (hereinafter “instant loan”).
(h) Advance loan amount: Interest rate of KRW 10 million: 5 years: 9.22% per annum (applicable to Article 3.5 of the Framework Terms and Conditions on Credit Transactions) : 11% per annum less than three months, 11% per annum less than three months, 3 months to less than six months, and 11.5% per annum not less than six months, and 12% per annum: the time and method of payment of interest on the installment of principal equal (payment on the relevant date of each month of loans): The date and method of payment of interest on the relevant date of each month: payment on the relevant date of each month.
B. The Defendant, separate from the instant loan No. 1, entered into a credit transaction agreement with C with the following contents, and borrowed KRW 4.8 million from C (hereinafter “instant loan No. 2”).
(h) Amount of loan (limit): Interest rate of five years: 9.22% per annum: 11% less than three months, less than three months, less than six months, less than 1.5% less than six months, and more than six months and 12% repayment method: Interest rate of 4.8 million won: Interest rate of 9.22% per annum (applicable to Article 3.5 of the Basic Terms and Conditions on Credit Transactions in D Bank: Redemption in installments on the relevant date of each month).