양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
1. On February 6, 1997, the Korea Forest Credit Union (hereinafter referred to as the “Korea Forest Credit Union”) established a loan to the Defendant at an interest rate of KRW 15.9%, overdue interest rate of KRW 22%, and due date of repayment on February 6, 1998, respectively.
(2) The loan of this case was paid out on February 23, 2001, by participating in the auction procedure of real estate in which the Defendant had been provided as a security after the repayment of the loan was delayed, and part of the principal and interest of this case was paid.
After that, on February 26, 2003, the Korea Deposit Insurance Corporation, which became a trustee in bankruptcy, filed a lawsuit against the defendant to return the remaining principal and interest of the loan of this case (a loan of Daegu District Court 2003Gadan19982) and the same year.
7. 31. The defendant was sentenced to the Korea Deposit Insurance Corporation that "51,814,885 won and 22% interest per annum from February 24, 2001 to the date of full payment." The judgment was finalized on August 24, 2003.
(B) On the other hand, on August 9, 2004, the Korea Deposit Insurance Corporation changed its trade name to the KAWC Co., Ltd. (the Plaintiff), which was established to carry out the liquidation business of insolvent financial institutions;
The following is referred to as the "Plaintiff":
A) Around that time, the instant loan claim was transferred to the Defendant, and thereafter, the Plaintiff notified the Defendant of the transfer. On August 23, 2013, the Plaintiff filed an application for the instant payment order with the Defendant for the payment of KRW 37,158,545, total of the principal and interest of the bonds, calculated based on the principal amount of KRW 11 million, out of KRW 51,814,895, which was not paid until the time, clearly stating that a part of the instant loan claim was a claim against the Defendant for the instant loan claim.
2. Comprehensively taking into account the facts as seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 37,158,545 and delay damages for KRW 11 million among them.