양수금
1. The defendant shall pay to the plaintiff the amount of KRW 185,783,080 and KRW 77,560,45 from July 11, 2019 to the day of full payment.
1. On July 24, 2012, the Defendant borrowed KRW 94 million from Non-Party D Co., Ltd. (hereinafter “Non-Party D”) at a rate of 23% with interest rate, but delayed repayment of principal and interest. On July 30, 2014, the Non-Party Bank received dividends of KRW 13,190,398 out of the amount of overdue interest and interest 118,306,080 out of the amount of overdue interest and interest 118,306,080 in the real estate auction case owned by the Defendant, and the Non-Party Bank transferred the remaining claims to the Plaintiff on March 24, 2016. The fact that the Defendant was also notified of the assignment of claims to the Defendant is either not disputed between the parties or pursuant to the statement (including serial number) in the evidence No. 1 through No. 4 as of July 11, 2019, the Defendant should pay the Plaintiff the remaining interest and interest 185,78308,715.
2. On November 11, 2013, the Defendant asserted that the instant payment order had been filed on July 23, 2019, when five years have elapsed since the foregoing decision to commence the auction was rendered, and the period of prescription against the non-party bank or the Plaintiff had been five years elapsed since then, without any claim from the non-party bank or the Plaintiff. However, the extinctive prescription period was newly run from July 30, 2014 when the distribution procedure of the said auction case was completed, and the Plaintiff applied for the instant payment order before the lapse of five years from that time. Thus, the above assertion is not well-grounded.
3. If so, the plaintiff's claim is reasonable and acceptable.