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1.The judgment of the first instance shall be modified as follows:
Defendant 18,453,217 won to the Intervenor succeeding to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) On February 25, 2008, the Defendant purchased the sales contract for the instant apartment K on February 25, 2008 (hereinafter “instant sales contract”).
(2) On March 31, 2009, in order to pay the intermediate payment of the above sales contract, the loan interest rate from the E bank shall be the fluctuation rate, interest rate fluctuation rate rate (3-month CD circulation rate of 2.8%), interest rate of delay damages rate (3-month CD circulation rate of 2.8% plus 9% per annum interest rate, 16% per annum, and maximum 21%, respectively. (hereinafter the above loan contract shall be referred to as the “instant loan contract,” and the loan received under the above loan contract shall be referred to as the “instant loan”).
2) At the time of the instant loan agreement, the first interest rate is within one month from the date of commencement of the loan, within one month from the following day after the last day of the calculation of the interest paid, and the extension of the loan period can be extended after examining whether the loan period has been postponed in accordance with the standard set by the E bank at the expiration of the loan period. If the loan period has not been paid at the due date, damages for delay shall be paid for the amount to be paid, and if the debt is not repaid at the expiration date of the loan period or the interest is lost due,
3) The Defendant paid interest on the instant loan by December 30, 201, and the E Bank finally extended the instant loan period from February 28, 2011 to March 30, 2012. 4) Since then, the Defendant was terminated the instant sales contract on the ground that the payment remains unpaid, and on February 23, 2015, the new buyer concluded a sales contract and paid the sales price. The said sales price was appropriated for the principal of the loan under the instant loan agreement.
5 On December 24, 2013, E Bank transferred the instant loan claims against Defendant to F Limited Company, and the said special purpose company to the Plaintiff on January 22, 2016, and the Plaintiff.