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1. Revocation of a judgment of the first instance;
The Defendant’s KRW 3,419,398 and KRW 2,129,836 among the Plaintiff’s KRW 3,419 and KRW 2,836 on July 14, 2018.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7:
C On December 8, 2014, the contract termination date for the Defendant was July 10, 2017, and the interest rate and overdue interest rate were set at 34.894% per annum and loaned KRW 3 million per annum.
(hereinafter “instant loan claim”). B.
C On December 5, 2017, a stock company entrusted the Plaintiff with the power to notify the transfer of the instant loan claims and the rights incidental thereto, and around that time, the Plaintiff sent to the Defendant as the representative of C Co., Ltd. by means of content-certified mail a notice of assignment of claims stating that the amount of KRW 3,025,420 (one total of principal and interest of the instant loan claims as of November 13, 2017, KRW 2,129,836 overdue interest of KRW 748,884, and other expenses KRW 146,70) is transferred.
C. Meanwhile, as of July 13, 2018, the interest, etc. on the instant loan claims as of July 13, 2018, calculated at the rate of 27.9% per annum, which the Plaintiff seeks within the scope of overdue interest rate of the instant loan claims, are KRW 3,419,398 [3,025,420 [the interest, etc. on the instant loan claims as of July 13, 2018, KRW 393,978,978,129,836 x 2,129,836 x 27.9% x (242 days/365 days from November 14, 2017 to July 13, 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 damages for delay calculated at the rate of 27.9% per annum to the Plaintiff within the extent of the overdue interest rate calculated from July 14, 2018, which is the day after the date of calculating the final damages for delay to the day of full payment, with respect to the sum of KRW 3,419,398, and principal and interest of the instant loan claim 2,129,836.
3. If so, 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 of the court of first instance is ordered to pay the above amount to the defendant.