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1. The Plaintiff:
A. As to the Defendant A Co., Ltd., the amount of KRW 5,061,068,389 and KRW 3,900,000 among them, the amount of KRW 5,061,068,389 shall be from February 8, 2012.
Reasons
1. Basic facts
A. On September 27, 2010, AS Savings Bank concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on September 27, 201 with a credit limit of KRW 3,900,000,000, and with the expiration date of the credit, September 27, 2011; the interest rate of KRW 10.5% per annum; and the interest rate of KRW 3,900,000,000 per annum at the time of arrears over six months or more (hereinafter “instant loan”); at the time, Defendant B, as the representative director of the Defendant Company, concluded a credit transaction agreement with a loan amount of KRW 5,070,000,000 as the loan debt of this case.
B. On February 8, 2012, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Supervisory Commission made a decision to transfer the instant loan to the Plaintiff (hereinafter “decision to transfer contract”). Accordingly, the Es Savings Bank and the Plaintiff publicly announced the summary of the decision to transfer contract in daily newspapers on February 9, 2012, in lieu of the Defendants’ notification of the transfer of the instant loan claims to the Defendants.
C. As of February 8, 2012, the Defendant Company paid the principal and interest of the instant loan in arrears for not less than six months, the principal and interest of the instant loan amounting to KRW 5,061,068,389 (i.e., the principal and interest of the instant loan amounting to KRW 1,161,068,389 (hereinafter “the principal and interest of the instant loan”) until February 7, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged as above, barring any special circumstance, the Defendant Company, the principal debtor of the instant loan, is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 25% per annum from February 8, 2012 to the date of full payment, with respect to the principal principal of the instant loan, as well as the amount of KRW 3,900,000,000,000, which is the date following the date of final separation.