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1.The judgment of the first instance shall be modified as follows:
The plaintiff's claim is dismissed.
B. The defendant
Reasons
Comprehensively taking account of the overall purport of the pleadings as indicated in Gap evidence Nos. 1 through 6, the Solomon Savings Bank (hereinafter " Solomon Savings Bank") established on June 14, 201 the loan period of 60 months, interest rate of 38% per annum, and overdue interest rate of 44% on June 14, 201. The defendant was unable to repay the principal and interest amount of 15,052,260 won due to overdue payment from June 10, 2013, and lost profits within the period of August 10, 2013. Solomon Savings Bank transferred the above loan claim to the plaintiff on February 26, 2013, and notified the defendant of the assignment of the credit on or around December 9, 2014; the plaintiff transferred the claim to the succeeding intervenor on or around March 18, 2015, and notified the defendant of the assignment of the credit.
Thus, the defendant is obligated to pay to the plaintiff succeeding intervenor 15,052,260 won and the amount of delay damages calculated at the rate of 38% per annum from June 10, 2013 to August 10, 2013, and 44% per annum from the next day to the date of full payment. On the other hand, the plaintiff's claim shall be dismissed as there is no reason.
The judgment of the first instance court is unfair in conclusion, and it is so modified as above.