The defendant shall pay to the plaintiff 36,376,549 won and 32,754,140 won per annum from June 23, 2020 to the day of full payment.

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, on July 27, 2018, the Defendant concluded an erroneous debate agreement (hereinafter “instant loan agreement”) with D Co., Ltd. and loans amounting to KRW 71,00,000 per annum, interest rate of KRW 7.4% per annum, interest rate of KRW 10.4% per annum, interest rate of KRW 10.4% per annum, and the method of repayment with the principal and interest equal for 60 months (hereinafter “instant loan agreement”).

As of June 17, 2020, the Defendant lost the benefit of time by delaying the payment of monthly payments under the instant loan agreement. As of June 17, 2020, the Defendant’s claim for loans under the instant loan agreement is KRW 32,754,140, interest and delay damages, totaling KRW 36,376,549, totaling KRW 36,376,549.

On the other hand, on March 18, 2020, the non-party company entered into an asset acquisition agreement with the Plaintiff and transferred the claims for loans held against the Defendant pursuant to the loan agreement of this case to the Plaintiff. On April 6, 2020, the plaintiff delegated by the non-party company sent content-certified mail to the Defendant of notification of the assignment of claims.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the above facts, the defendant, as of June 17, 2020, is obligated to pay to the plaintiff delay damages calculated at the rate of 12% per annum from June 23, 2020 to the date following the delivery date of a copy of the complaint of this case, to the date of complete payment, as claimed by the plaintiff, as to the total amount of the principal and interest of loans under the loan agreement of this case as of June 17, 2020, and the principal amount of 32,754,140 won.

2. Although the Defendant’s assertion does not explicitly state the following purport, it is understood and determined that, in light of the evidential materials, etc. attached to the document submitted by the Defendant, the following arguments are presented:

Determination as to the Judgment

A. The summary of the argument is examined in light of the data attached to the written objection against the payment order and the data attached to the application for resumption of argument.