beta
Text
1. The Defendant shall pay to the Plaintiff KRW 72,290,931 as well as 20% per annum from May 21, 2015 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. The New Bank Co., Ltd. (1) concluded a credit transaction agreement with the Defendant on July 21, 2008, and lent KRW 239,800,000 to the Defendant as a general household loan (house-related loan). On March 10, 2010, the Defendant entered into a credit transaction agreement with the Defendant on March 10, 2010, and additionally lent KRW 59,950,000 to the Defendant as a general household loan (house-related intermediate loan).
(hereinafter “instant loan”).
(2) According to the asset sales contract concluded on November 15, 2013 and the asset sales contract concluded on December 24, 2013, the new bank transferred the instant loan claim to a specialized e-backed securitization company and notified the Defendant of the assignment of the said claim at that time.
(3) On December 30, 2003, the said C&T specialized company transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims at that time.
(4) As of January 29, 2014, the principal amount of the instant loan claims is KRW 299,750,000, the sum of interest and delay damages is KRW 127,165,712. The Plaintiff receives KRW 354,624,781 from Dongyang Construction, a joint guarantor of the instant loan obligations, and receives KRW 29,750,000 among them, shall be appropriated for the principal repayment of the instant loan, and the remainder of KRW 54,874,781, as of January 29, 2014, shall be appropriated for part of the interest and delay damages of the instant loan, and the remainder of KRW 72,290,931 as of January 29, 2014, is KRW 54,874,781.
[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 4 (including each number), the purport of whole pleadings
B. According to the above facts of recognition, the Defendant, barring special circumstances, at KRW 72,290,931, and 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 21, 2015 to the date of full payment, which is the day following the day when the Plaintiff was served with the original copy of the instant payment order, at the time of receiving the claim for performance from the Plaintiff.