양수금
1. The Defendant shall pay to the Plaintiff KRW 141,776,343 as well as 20% per annum from May 14, 2015 to the full payment date.
1. Facts of recognition;
A. On June 20, 2008, the New Bank Co., Ltd. (hereinafter “New Bank”) loaned KRW 239,800,000 to the Defendant with general household funds (house-related loan), and KRW 59,950,000 on March 10, 2010 (hereinafter “instant loans”), and the Yangyang Construction Industry Co., Ltd (hereinafter “Dongyang Construction Industry”) jointly and severally guaranteed the aforementioned loans.
B. On November 15, 2013, the new bank transferred each of the instant loans to a limited liability company specializing in the C&D pursuant to the asset sales contract between the subsidiary securities company and the new bank, the subsidiary securities company and the limited liability company specializing in C&D on December 24, 2013, and notified the Defendant of the transfer of claims at that time. On December 30, 2013, the limited liability company specialized in C&D transferred the instant bonds to the Plaintiff and notified the Defendant of the transfer of the transfer of claims, and each of the above notification was sent to the Defendant at that time.
C. Meanwhile, on July 11, 2014, Dongyang Construction Industry, a joint and several surety for the instant loan obligation, repaid to the Plaintiff KRW 304,750,00,000, and the Plaintiff first appropriated the principal amount to KRW 299,750,000, and then appropriated the money KRW 5,000,000 to the interest or delay damages. As of July 11, 2014, the Defendant, as of July 11, 2014, was liable to the Plaintiff for the liability for delay damages.
[Evidence] Evidence No. 1-1 to No. 3-1, and the purport of the whole pleadings
2. Examining the Plaintiff’s claim against the Defendant for the payment of KRW 141,776,343 and damages for delay thereof, according to the above acknowledged facts, barring any special circumstance, the Defendant calculated the amount of KRW 141,776,343 and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 14, 2015 to the date of full payment.