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1. The defendant shall pay to the plaintiff the amount of KRW 431,323,641 and the amount of KRW 252,007,175 from January 25, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 13, 2006, the Defendant borrowed KRW 500,000,000 from Han Bank Co., Ltd. to the Defendant of Han Bank Co., Ltd. at the interest rate of 17% per annum, but did not repay the principal and interest of the loan (hereinafter “instant loan”). However, the Defendant lost the benefit of time due to failure to pay the loan when it repaid the principal and interest of the loan.
B. 1) On December 26, 2011, Han Bank transferred the claim for the principal and interest of the instant loan to the Defendant (the principal balance at the time of the loan is KRW 430,438,908) against the Defendant, and notified the Defendant of the transfer of the said claim on December 27, 2011 and delivered the notification thereof to the Defendant around that time. 2) On March 27, 2015, Han Bank Co., Ltd. transferred again the claim for the principal and interest of the instant loan (the principal balance at that time is KRW 252,07,175 won) to the Plaintiff, and notified the Defendant of the transfer of the said claim and delivered the notification to the Defendant.
C. The balance of the principal and interest of the instant loan calculated on January 24, 2017 as of January 24, 2017 is KRW 431,323,641 (i.e., the balance of the principal and interest of the instant loan (i.e., KRW 179,316,466) (i.e., the balance of the principal and interest of the loan) accrued until January 24, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the facts established prior to the determination, the Plaintiff is obligated to pay to the Defendant, the assignee of the instant loan principal and interest amounting to KRW 431,323,641 in total and KRW 252,007,175 in the balance of the principal and interest of the loan, as well as damages for delay calculated at the rate of 17% per annum from January 25, 2017 to the date of full payment, which is the day following the date of calculating the above claim.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.