양수금
1. The Defendant shall pay to the Plaintiff KRW 194,461,477 and the interest rate of KRW 15% per annum from April 8, 2015 to the date of complete payment.
1. Basic facts
A. On April 14, 2009, National Bank Co., Ltd. loaned KRW 410 million to the Defendant (hereinafter “instant loan”) (hereinafter “instant loan”), and the agreed compensation rate for delay was “21% per annum” according to the additional agreement on loan.
B. On December 16, 2011, the National Bank and Korea LFW Co., Ltd. transferred the instant loan claims to us, through the “transfer contract for asset acquisition” as of November 17, 201 between the Co., Ltd. and the National Bank and Korea Co., Ltd., Ltd., and the 13th securitization specialized company (hereinafter “us”).
In this regard, on December 19, 201 and December 20, 2011, National Bank Co., Ltd. sent “Notice of Claim Transfer” as to the instant loans by content-certified mail, respectively. On January 4, 2012, “New Daily newspaper” and “National Daily newspaper,” respectively, published “Public Notice of Claim Transfer” including the instant loans.
(Borrower's number KB-R-451). At the time of entering into the above asset acquisition agreement, the agreed damages rate of the loan of this case was 18% per annum.
C. From around 2011, the auction procedure was in progress with respect to the real estate owned by the Defendant (Seoul Eastern District Court B), and Korea acquired the instant loan claims, and subsequently, Korea was distributed KRW 397,317,019 as a creditor and a mortgagee, participating in the said auction procedure as a creditor and a mortgagee, who participated in the said auction procedure and received dividends.
In Korea, as of the date of dividends, the said dividends were appropriated for the repayment of the principal amount of KRW 591,778,496 (i.e., the principal amount of KRW 410,00,000 with interest of KRW 181,778,496). The loans of this case remaining principal amounting to KRW 194,461,477 (i.e., the principal amount of KRW 591,778,496 - 397,317,019).
A. On February 18, 2014, Korea concluded an asset sales contract with the Plaintiff and transferred the instant loan claims to the Plaintiff again, and on October 7, 2014, the instant loan claims were transferred to the Defendant.