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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On May 29, 2001, the Defendant received a loan by Nonparty Hyundai Capital Co., Ltd. with the agreed interest rate of 29% per annum.
B. On April 30, 2003, Hyundai Capital Co., Ltd. transferred the above loan claims to the Plaintiff, and on June 2, 2003, notified the Defendant of the transfer.
C. As of February 28, 2006, the above loans amounting to KRW 6,524,001 and interest amounting to KRW 6,189,305 and KRW 12,713,306 were remaining.
The Plaintiff filed an order with the Defendant to pay a loan claim that was acquired as above by the Seoul Central District Court Decision 2006Da31204 (hereinafter “acquisition loan claim”). On June 7, 2006, the Plaintiff received from the above court order to pay the Plaintiff the amount of KRW 12,713,306 and KRW 6,524,00 per annum from March 1, 2006 to the day of full payment. The above payment order was finalized on August 23, 2006.
E. On March 16, 2016, the Plaintiff filed an application for the instant payment order for the extension of the prescription period for the claim for the amount of money transferred according to the said payment order.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the interest amounting to KRW 31,494,089 (i.e., the principal amount of KRW 6,524,001 (i.e., KRW 24,970,08) accrued until February 29, 2016, KRW 6,189,305 and KRW 25,108,907 plus the interest amount of KRW 18,919,602 accrued from March 1, 2006 to February 29, 2016, plus KRW 18,919,602, but to pay damages for delay calculated at the rate of KRW 29% per annum from March 1, 2016 to the date of full payment) and interest rate of KRW 6,524,01.
3. Judgment on the defendant's assertion
A. 1) The Defendant was declared bankrupt and was not granted immunity at the time of the declaration of bankruptcy, but ten years after the decision became final and conclusive (hereinafter “the Debtor Rehabilitation and Bankruptcy Act”).