beta
Text
1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 18,014,406 and KRW 12,184,219 among the Plaintiff and the Plaintiff’s KRW 14 October 14, 2016.
Reasons
1. Basic facts
A. On June 26, 2013, the Defendant obtained a loan of KRW 1,973,00 from D Co., Ltd. (hereinafter “D”) at the rate of 36 months, 20.9% of the principal and interest equal repayment method, interest rate of 20.9%, and overdue interest rate of 29%, and around June 27, 2013, the Defendant created a mortgage on the vehicles with low-priced vehicles in D.
B. On March 31, 2014, the Defendant delayed the repayment of the installment of the loan and delayed the payment of the installment of the loan.
C. On August 17, 2015, D applied for an automobile rental auction for the low-priced vehicle, and on September 17, 2015, D received KRW 9,034,300 equivalent to the low-priced vehicle market price from the Defendant on September 17, 2015, and D withdrawn the above application for auction on September 18, 2015.
(Seoul Northern District Court E). D has completed the registration of cancellation on the mortgage around September 21, 2015.
D on May 20, 2016, transferred the above loan claims to the Plaintiff, and notified the Defendant of the assignment of the claims as content-certified mail on May 24, 2016.
E. Of the above loan claims as of September 6, 2016, the principal amount is KRW 12,184,219, and interest or interest interest in arrears is KRW 5,830,187, and KRW 18,014,406.
[Reasons for Recognition] A without dispute, a significant fact in this court, each entry in Gap evidence 1 through 9 (including each number; hereinafter the same shall apply), the result of the order to submit financial transaction information to D Co., Ltd. for the party deliberation, the purport of the whole pleadings
2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, a transferee, the remaining principal and interest of KRW 18,014,406 and the principal of KRW 12,184,219 among them, delay damages at the rate of 15% per annum from October 14, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of service of the original copy of the instant payment order.
3. The defendant's assertion and judgment
A. The gist of the assertion ① that D’s employee reduced or exempted the Defendant’s loan amounting to KRW 11 million.