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1. The Defendant’s KRW 255,470,820 among the Plaintiff and KRW 123,373,400 among them, shall be from May 14, 2019 to May 31, 2019.
Reasons
1. Comprehensively taking account of the purport of subparagraph 1’s written evidence and the entire argument as to the cause of the claim, C determined a sum of KRW 123,373,400 to the Defendant at an annual interest rate of 7% during the period from July 24, 2003 to January 20, 204 (hereinafter “instant loan”). C transferred the instant loan claim against the Defendant to the Plaintiff on April 2019, and the Defendant agreed to repay the instant loan claim to the Plaintiff by April 30, 2019 when granting approval of the said transfer of claim.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 7% per annum from January 20, 2004 to May 7, 2019 (=123,373,400 x 0.07 x 0.07 x less than KRW 0.07 x less than KRW 108/365 ) plus KRW 25,470,820 (= KRW 123,373,400 , KRW 132,097,420), and damages for delay from May 14, 2019, the delivery date of the original payment order sought by the Plaintiff against the Plaintiff with the principal of KRW 123,373,00 ,00, KRW 132,097,420).
2. Judgment on the defendant's assertion
A. The Defendant asserted that the instant loan claim that C transferred to the Plaintiff is not a loan claim against the Defendant, but a loan claim against D Association that the Defendant held as the head of the partnership. Thus, according to the evidence No. 1, it is recognized that C transferred the claim amounting to KRW 483,843,872, which C invested in D Association, to the Plaintiff. However, the above acknowledged facts and the evidence alone are insufficient to acknowledge the fact that the said claim is a claim identical to the instant loan claim, and there is no other evidence to acknowledge it. Therefore, the Defendant’s above assertion is without merit.
B. The defendant has no right to the above loan claims as long as E and C have the loan claims before transferring the assignment between C and the plaintiff, and as long as C has received an order for seizure and assignment of claims.