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1. Revocation of a judgment of the first instance;
The defendant shall pay to the plaintiff KRW 2,504,230 and KRW 1,933,622 as of June 12, 2018.
Reasons
1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties, or the statements in Gap Nos. 1 through 4, and the fact inquiry results against the director of the C& Innovation Headquarters Co., Ltd. of this Court.
D Co., Ltd. extended a loan to the Defendant on December 3, 2015, 39 months, 24.9% per annum, 34.4% per annum, and 3 million won per annum.
(hereinafter “instant loan claim”). B.
D A. On March 20, 2018, when transferring the instant loan claim and its accompanying rights to the Plaintiff, D Co., Ltd. entrusted the power to notify the transfer of the instant loan claim to the Plaintiff. On April 28, 2018, the Plaintiff sent a notice of the transfer of the instant loan claim notice to the Defendant as the agent of D Co., Ltd, stating that the principal and interest of the instant loan claim 2,316,526 won (the principal principal interest of KRW 1,933,622 overdue interest of KRW 382,904) is transferred to the Defendant by mail.
C. Meanwhile, as of June 11, 2018, the principal and interest of the instant loan claim as of June 11, 2018, calculated at the rate of 34.4% per annum, 2,504,230 won [the principal and interest of the instant loan claim KRW 2,316,526 [the principal and interest of KRW 1,93,622 won overdue interest of KRW 382,904] 1,93,622 won x 34.4% x 34.4% x 103/365 days from March 1, 2018 to June 11, 2018];
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claim the amount of KRW 2,504,230 of the principal and interest of the instant loan claim and KRW 1,93,622 of the principal, which is the interest rate for delay calculated at the rate of 34.4% per annum, which is the overdue interest rate from June 12, 2018 to the date of full payment, following the date of calculating the final damages for delay.
3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked by accepting the plaintiff's appeal and the judgment is ordered to order the defendant to pay the above amount, and it is so decided as per Disposition.