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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On September 14, 201, the Defendant borrowed 18,000,000 won from Korea Savings Bank, 60 months of the loan period, 32% of the loan interest rate, and 39% of the overdue interest rate.
(hereinafter “instant loans”). (b)
On December 27, 2013, the Plaintiff received the instant loan from Korea Savings Bank in accordance with the decision of the Financial Services Commission on the transfer of contracts under Article 14(2) of the Act on the Structural Improvement of the Financial Industry. On December 28, 2013, the Plaintiff publicly announced the major contents of the said transfer of contracts to B press and D press pursuant to Article 14-2(2) of the Act.
C. The remaining principal of the instant loan is KRW 18,646,084 in total as of November 3, 2016 (= Principal KRW 9,822,753 or KRW 8,823,331).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff to whom the instant loan claim was transferred the principal of KRW 18,646,084 and the principal of KRW 9,822,753 among them, delay damages calculated at the rate of 39% per annum, which is the agreed interest rate, from November 4, 2016 to the day of full payment, from the day following the date of calculating the interest accrued to the day of full payment.
B. As to this, the Defendant alleged to the effect that the Plaintiff or the Plaintiff did not know of the claim for the instant loan, and that he did not receive any written notification from the Plaintiff, but it is recognized that the Defendant was not able to repay part of the loan prior to several years. Moreover, if the summary of the decision on the transfer of a contract and the fact of the transfer of a contract are publicly announced in two or more daily newspapers pursuant to Article 14-2(2) and (4) of the Act on the Structural Improvement of the Financial Industry, it appears that the Defendant satisfies the requirements for setting up against the transfer of a designated claim pursuant to Article 450 of the