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1. The Defendant shall pay to the Plaintiff KRW 63,490,355 and interest rate of KRW 20% per annum from May 15, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The New Bank Co., Ltd. (hereinafter “New Bank”) loans each of the Defendant, KRW 208,600,000 on June 20, 2008, and KRW 52,150,000 on March 10, 2010.
(hereinafter “instant loan”). (b)
On November 15, 2013, pursuant to the asset sales contract concluded with a sub-national securities company and the asset sales contract concluded with a non-national securities company with a non-national securities company on December 24, 2013 with the consent of a new bank, the new bank transferred the instant loan claim to a non-national securities company specialized in the e-securities securitization and notified the Defendant of the transfer on January 28, 2014.
On December 30, 2013, a limited liability company specialized in C&D entered into an asset transfer agreement with the Plaintiff and transferred the instant loan claims to the Plaintiff, and notified the Defendant of the transfer on February 7, 2014.
C. As of February 6, 2014, the principal of the instant loan claim is KRW 260,750,000, interest and delay damages are KRW 111,457,638.
The Plaintiff received reimbursement of KRW 308,717,283 on February 6, 2014 from the Dongyang Construction Industry Co., Ltd., which jointly guarantees the obligation of the instant loans, and appropriated KRW 47,967,283 out of the remainder to the principal, with priority repayment, and appropriated KRW 47,967,283 for interest and delay damages.
[Ground of recognition] Evidence No. 1-2, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3, Evidence No. 4, Evidence No. 5-1, and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining interest or delay damages out of the instant loan (i.e., KRW 11,457,638 - KRW 47,967,283) and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 15, 2015 to the date of full payment after serving the payment order for which the Plaintiff requested the performance.
B. The defendant asserts that the defendant was obtained the loan of this case by deceiving the selling company, but there is no evidence to acknowledge this.