양수금
1. The Defendant’s KRW 96,138,059 as well as the Plaintiff’s annual rate of 6% from December 13, 2018 to September 18, 2019, and the following.
1. Determination as to the cause of claim
A. Facts of recognition 1) D Association (hereinafter “D”)
On December 30, 2016, the Defendant loaned KRW 900,000,00 to the Defendant on December 30, 2019 (the trade name of the Defendant was changed from “E”) to “C Stock Company” on April 6, 2017.
2) In order to secure the payment of the above loan debt, the Defendant set up a right to collateral security of KRW 1,170,000 for two parcels, including Daejeon Jung-gu, Daejeon, with a maximum debt amount of KRW 1,170,000.
(3) The Defendant paid only interest until August 31, 2017, and did not pay interest from September 1, 2017, thereby losing the benefit of time. D applied for voluntary auction to G of this court based on the instant right to collateral security, and the voluntary auction procedure was commenced on November 28, 2017 (hereinafter “instant auction procedure”).
(4) On January 2, 2018, D transferred the principal and interest interest claim against the Defendant to the Plaintiff, and notified the Defendant of the transfer.
The notification of transfer reached the defendant around that time.
D transferred the right to collateral security to the Plaintiff on December 27, 2017 due to the assignment of the right to collateral.
5) A pledge was established in the HA, I, and J with respect to the instant right to collateral security (as order, it was established on January 2, 2018, February 1, 2018, and October 31, 2018). 6) On December 12, 2018, on the date of distribution of the instant auction procedure, KRW 978,942,841 was distributed to the said pledgee.
(=724,024,109 + 127,459,366 + 127,459,366 + 127,459,36). [Grounds for recognition] The fact that there is no dispute, Gap's entries in subparagraphs 1, 2, 5, 7, 9, 10, 11, and 4, and the purport of the whole pleadings.
B. According to the evidence No. 1 A, the interest rate of KRW 900,00,00 for principal is 5.9%; the interest rate for delay is 8% for not more than 30 days in arrears; 9% for more than 30 days and not more than 90 days in arrears; and 11% for more than 90 days in arrears is to be added to the interest rate.
In addition, the transfer date is the 30th day of each month.
Accordingly, when calculating the principal and interest of a loan until December 12, 2018, the date of distribution shall be as shown in the attached Form. 1,081.