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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 499,688 as well as the full payment with respect thereto from December 23, 2011.
Reasons
According to the evidence evidence evidence evidence Nos. 1 through 4, the Plaintiff loaned KRW 1,00,00,000 to the Defendant on April 22, 2010, with interest rate of KRW 48.54% per annum and maturity of repayment on April 22, 2011 (hereinafter “instant loan”). On June 29, 2012, the said company transferred the instant loan claim to the Plaintiff on the order of transfer on February 22, 2014, and notified the Defendant thereof on July 22, 2014. Meanwhile, the Plaintiff is a person who fully repaid the interest and delayed payment from the date of the loan to December 22, 2011.
Therefore, the Defendant is obligated to pay to the Plaintiff, who is the final transferee of the instant loan claim, the remaining principal 49,688 won and damages for delay at the rate of 38.81% per annum within the scope of the agreed interest rate from December 23, 201 to the date of full payment. As such, the Plaintiff’s claim for this case shall be accepted on the grounds of its reasoning.
The judgment of the court of first instance that differs from this conclusion has become final and conclusive as a result of the plaintiff's submission of evidence that corresponds to the cause of the claim, and thus, the court of first instance revokes this and ordering the payment of the above money.
As to the burden of litigation costs, the first instance court dismissed the claim due to the Plaintiff’s failure to submit evidence corresponding to the cause of the claim at an appropriate time, and submitted evidence related thereto to the appellate court. The portion exceeding the litigation costs in the first instance court is not incurred if the Plaintiff performed the lawsuit normally, and it is unfair to impose the Defendant on the Plaintiff as it falls under the delay of litigation due to the cause that the Plaintiff should be responsible. Thus, it is delayed by applying Articles 98 and 99 of the Civil Procedure