1. The judgment of the first instance, including the plaintiff's claim that has been changed in exchange at the trial, shall be changed as follows:

1. Basic facts

A. The plaintiff is a person who operates a repair company with the trade name of "C" in the Yongsan-gu Seoul Metropolitan City, Manyang-si, and the defendant is a person who operates a delivery agency in the same city.

B. Around June 2015, the Plaintiff entered into a loan agreement with the Defendant for Oralba (hereinafter “instant contract”) and lent the Plaintiff’s Oralba to the Defendant.

C. On June 2016, D Co., Ltd. (hereinafter “D”) accepted the instant contract from the Plaintiff, and thereafter, D issued a tax invoice on the loan fee to the Defendant.

On July 5, 2018, the Plaintiff acquired all the credit for the rental fee incurred under the instant contract after June 2016 from D, and notified the Defendant of the fact on the 10th day of the same month.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 10, 15 through 19, 21, 49, 51, 54, Eul's statements, and the purport of the whole pleadings

2. According to the evidence revealed prior to the determination of the claim for the payment of rental fees, the amount of rental fees on October 2016 under the instant contract shall be KRW 3,40,00,00, KRW 243,872, and KRW 102,855, and KRW 102,855, the amount of rental fees on January 2017, pursuant to the instant contract. As seen above, the Plaintiff lawfully acquired the claim for each of the above rental fees from D, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above rental fees (= KRW 3,40,000, KRW 2,243,872, KRW 102,855, and KRW 5,7455) and delay damages therefrom.

As to this, the defendant asserts that the defendant paid the loan fee of KRW 2,529,031 on January 18, 2017 to the plaintiff or D, and KRW 3,000,000 on February 1, 2017, the defendant claimed that he paid the loan fee of KRW 2,529,031 on a separate basis. Accordingly, according to the records of No. 3,20 on each document of No. 3,20, and the results of the E-bank Business Support Center of this Court on April 2, 2018, the defendant remitted each of the above money to the account in the name of the plaintiff or D representative director.