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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 30,294,200 and 8,063 among them.
Reasons
1. Scope of the judgment of this court;
A. In the first instance trial, the Plaintiff filed a claim against the Defendant for the acquisition of the principal amounting to KRW 3,695,606 against the Defendant of Hyundai Capital Co., Ltd. (hereinafter “Modern Card Co., Ltd.”) and the interest accrued therefrom, claims for delay damages, and ② claims for the acquisition of the principal amounting to KRW 8,063,836 against the Defendant of the new card Co., Ltd. (hereinafter “new card”) and any attempted interest accrued therefrom, and claims for delay damages. The court of the first instance accepted the Plaintiff’s claim against the Defendant only against the claims that the Defendant acquired from Hyundai Capital Co., Ltd., and dismissed the Plaintiff’s claim for the acquisition of the transfer money as to the claims that the Plaintiff acquired from the new card.
However, since only the plaintiff appealed against the lost part, the subject of the judgment of this court is limited to the above principal amount of KRW 8,063,836, which was dismissed in the first instance trial, and the attempted interest thereon and damages for delay.
2. Determination
A. Comprehensively taking account of the overall purport of the statements and arguments stated in Gap evidence Nos. 1 and 5, Gap evidence No. 2-1, Gap evidence No. 6-1, 2, and 3, the new card concluded a loan agreement with the defendant on August 25, 2002 to grant a loan of KRW 9,20,000 to the defendant for a specified period of 36 months, interest rate of 8.9% per annum, interest rate of 29% per annum, and interest rate of delay delay rate of 29% per annum. The plaintiff extended the loan around that time from the new card on June 21, 2013, the remaining balance of the loan principal to the defendant, 8,063,836 won, interest accrued to the defendant, delay damages claims, and the notification of the assignment of credit to the defendant on June 23, 2014 to the defendant on June 23, 2014 that the above notification of the transfer of credit was received to the defendant.
B. According to the above facts of recognition, the defendant 30,294,200 won = 8,063,836 won 22,30.