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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 3,376,277 and KRW 2,531,495 among the Plaintiff, as to June 9, 2017.
Reasons
1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 3, 4, and 5, together with the purport of the entire pleadings.
On December 16, 2015, the Defendant borrowed 3,000,000 won at the interest rate of 34.8% per annum and 34.9% per annum from the SPa Savings Bank.
(hereinafter “instant loan”). (b)
On March 21, 2017, SB Savings Bank transferred the instant loan claim against the Defendant to the Plaintiff. On April 14, 2017, the Plaintiff notified the Defendant of the transfer of the said bond on behalf of the SB Savings Bank.
C. As of June 8, 2017, the principal of the instant loan claim is KRW 2,531,495, and the interest for delay is KRW 844,782 (i.e., interest for delay before acquisition of the interest for delay) (268,678,678).
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim (i.e., KRW 2,531,495, KRW 84,782) and to pay damages for delay calculated at the rate of 34.9% per annum, which is the agreed interest rate for delay from June 9, 2017 to the date of full payment.
3. If so, the plaintiff's claim of this case should be accepted for reasons.
The judgment of the first instance court is unfair with different conclusions, and thus, it is so decided as per Disposition by the assent of all participating Justices.