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1. Revocation of a judgment of the first instance;
2. As to KRW 8,649,611 and KRW 6,000,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 8,649,611 on February 14, 2015.
Reasons
1. Basic facts
A. On April 12, 2001, Samsung Life Insurance Co., Ltd. (hereinafter “T&T”) loaned a loan of KRW 6 million to the Defendant on April 12, 2001, setting the loan period from April 12, 2001 to April 11, 2002 (hereinafter “instant loan”).
B. Samsung Bio-resources filed a lawsuit against the defendant on October 29, 2004 demanding the performance of the instant loan obligation (Seoul District Court 2004Gau146941, hereinafter referred to as "sub-committee"), and on April 28, 2005, "the defendant paid to Samsung Bio-resources 6,368,297 won and 6,000,000 won per annum 19% per annum from October 9, 2004 to March 17, 2005, and 20% per annum from the next day to the date of complete payment," and the judgment became final and conclusive as is, May 31, 2005.
C. The Samsung Bio-resources transferred the instant loan claim to the Plaintiff on June 21, 2013, and the Plaintiff was delegated with the authority to notify the assignment of the claim from Samsung Bio-resources and notified the Defendant of the transfer of the claim on or before June 23, 2014.
As of February 13, 2015, the loan claim of this case remains at KRW 8,649,611 (the principal amount of KRW 6 million and overdue interest of KRW 2,649,611).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum with respect to the Plaintiff’s principal and interest of the instant loan claim amounting to KRW 8,649,611, and KRW 6 million with respect to the principal and interest of KRW 6 million from February 14, 2015 to the date of full payment.
3. If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair, so the judgment of the court of first instance is revoked by accepting the plaintiff's appeal and ordering the payment of the above money. It is so decided as per Disposition.