손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a corporation that runs the business of selling and buying, arranging, arranging, managing, consulting, and selling and buying bonds.
B. On June 27, 201, the Defendant lent KRW 170,000,000 to B, and was set up a collateral security on the real estate owned by B.
C. On April 28, 2015, the Defendant applied for a voluntary auction with the Suwon District Court C, as the Defendant did not refund KRW 70,000,000 out of the loan KRW 170,000,000.
In the above application, the Defendant stated that it is KRW 113,208,219 (as to KRW 70,00,000 among the above money, KRW 70,000 shall be claimed at the same rate of 30% per annum from April 23, 2015 to the date of full payment) as the indication of claims, and stated in the grounds for application that the Defendant’s credit amount against B is KRW 70,00,000 as of April 22, 2015, overdue interest of KRW 43,208,219 (the amount calculated at the rate of 30% per annum from April 2, 2013 to December 31, 2015) as the aggregate of KRW 113,208,219 per annum.
E. The Plaintiff recommended the Defendant to sell his claim.
F. On July 28, 2015, the Defendant sent text messages consisting of KRW 70,00,000 as principal and KRW 57,764,380 as principal and interest (from April 2, 2013 to December 31, 2015) and KRW 127,764,380 as principal and interest damages.
G. On August 6, 2015, the Defendant received KRW 103,00,00 from the Plaintiff’s office, and transferred the above collateral to the Plaintiff, and signed and sealed on the bond transfer contract, bond transaction confirmation document (receipt) and confirmation document prepared and prepared by the Plaintiff. Of these documents, the part of the document is the indication of the claim to be transferred, “1,00,000 won calculated by deducting KRW 170,000,000 from the above collateral security and the loan amount of KRW 70,00,000 from the loan amount of KRW 170,000,000,000 from the loan date, and the interest rate of KRW 2.5% from the loan date.”
H. On August 7, 2015, the Defendant signed and sealed the Plaintiff as stated above and transferred the “transferor” under paragraph 2.