A. On November 10, 2014, B Co., Ltd. loaned KRW 3,00,000,00 to Defendant on a fixed basis on November 10, 2024, with interest rate of KRW 4.73% per annum, and delay compensation rate of KRW 12.73% per annum, and entered into a credit transaction agreement with the effect that the principal and interest of the loan shall be repaid in installments every one month after a grace period for two years (hereinafter “instant agreement”). The instant agreement entered into a loan transaction agreement with the purport that the principal and interest of the loan shall be repaid in installments every one month after paying the principal and interest of the loan (hereinafter “the principal and interest of the instant case”). By paying the Defendant a loan of KRW 3,00,000,000 to the Defendant’s real estate, B completed the establishment of a mortgage with the principal and interest of the instant loan claims

B. The Defendant did not pay interest on the principal and interest of the instant loan, and the Defendant requested a voluntary auction on the real estate owned by the Defendant to Busan District Court Branch C, which was decided to commence the auction procedure on November 13, 2015.

C. On December 31, 2015, Company B transferred the instant principal and interest claim to the Plaintiff, and notified the Defendant of the assignment of the said claim on January 6, 2016.

On March 29, 2017, the Plaintiff received dividends of KRW 2,495,396,230 from the above auction procedure, and then appropriated this to repay the principal and interest of the loan of this case.

E. As of September 3, 2019, the instant claim for the principal and interest of loan as of September 3, 2019 KRW 494,636,839 (i.e., the principal and interest of the loan at the time of arrears KRW 2,990,03,069 - Dividends KRW 2,495,396,230). Interest or delay damages are KRW 791,081,84, a total of KRW 1,285,718,723.

【Reason for Recognition】 Each entry of the evidence of subparagraphs 1 through 5 (including each number in the case of the evidence of subparagraph 2) and the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Defendant sought the Plaintiff within the agreed interest rate of KRW 1,285,718,723 of the principal and interest of the loan of this case and KRW 494,636,839 of the principal and interest of the loan of this case from September 3, 2019 to the date of full payment.