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1. The defendant shall pay to the plaintiff the amount of KRW 117,759,228 and KRW 61,826,062 from March 21, 2014 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. On March 8, 2007, C Co., Ltd. (hereinafter referred to as “C”) approved that the basic terms and conditions of bank credit transactions apply with the Defendant on March 8, 2007, and entered into a credit transaction agreement with the Defendant (hereinafter referred to as “D”) setting the bank interest rate within the limit of 21% per annum of the expiry date of the credit period, and the credit transaction agreement (hereinafter referred to as “the first agreement”). D Co., Ltd. (hereinafter referred to as “D”) approved that the basic terms and conditions of bank credit transactions apply with the Defendant on March 8, 2003, and approved that the bank credit transaction agreement applies with the Defendant, the comprehensive bank account loans, the limit of credit amount of KRW 150,000,000, May 4, 2004, and delay payment period of KRW 17% per annum (hereinafter referred to as “credit agreement”).
(2) On June 28, 2003, C and D respectively delivered the right of representation as to the notification of the assignment of claims to the Plaintiff under Articles 1 and 2, respectively, to the Plaintiff. (B) On March 31, 2014, the Plaintiff sent the notification of the assignment of claims (Evidence 3-2) to the Plaintiff by content-certified mail on behalf of C and D on behalf of the Plaintiff.
In addition, each of the above notice of assignment of claims reaches the defendant on July 9, 2014.
3) The Defendant did not pay the principal and interest pursuant to the agreement, and the sum of the principal and interest unpaid at the rate of 17% per annum as determined by the Plaintiff within the maximum of 21% of the overdue interest rate stipulated in the agreement under Article 1 is KRW 62,792,126 as of March 20, 2014 (= Principal KRW 33,326,062, delay delay damages KRW 29,466,064).
B) In addition, the Defendant did not pay the principal and interest under the second agreement, and the sum of the principal and interest accrued pursuant to the overdue interest rate of 17% as stipulated in the second agreement is KRW 54,967,102 (i.e., principal amount of KRW 28,500,000 delay damages of KRW 26,267,102). The Defendant did not have any dispute as to the ground for recognition, (ii) evidence Nos. 2 through 3, 5, and 7 (each statement including the number, and the purport of the entire pleadings).