beta
Text
1. The defendant shall pay to the plaintiff the amount of KRW 329,649,00 and KRW 53,903,72 among them, from July 11, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On November 28, 2006, the Defendant entered into a credit transaction agreement with the Smart Savings Bank and the credit amount of KRW 300 million, the date of expiration of the credit, the interest rate of KRW 8.7% per annum on November 28, 2009, and the damages for delay rate of KRW 25% per annum. The Defendant borrowed KRW 300 million from the said bank (hereinafter “Nonindicted Bank”).
B. On March 23, 2017, the non-party bank transferred the above loan claims against the Defendant to the Plaintiff at KRW 325,748,958 (53,903,722 of the outstanding principal as of February 28, 2017, and KRW 271,845,236 of the outstanding principal as of February 28, 2017), and notified the Defendant of the fact of the assignment of the above credit at that time.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4
2. Assertion and determination
A. 1) The Plaintiff, as the assignee of the instant loan claim, sought the payment of overdue interest after July 11, 2017 for the principal amounting to KRW 329,649,007 (=the principal amounting to KRW 53,903,722) and the interest rate of KRW 275,745,285 until July 10, 2017 for the principal amounting to KRW 53,903,722) as the assignee of the instant loan claim. (2) The Defendant asserted that the instant loan claim was unfair, since the Nonparty bank had already been extinguished by the repayment claim of KRW 330,641,191 through compulsory execution, etc., as stated in the “the statement on the repayment of the Defendant’s claim.”
B. In full view of the evidence No. 6, No. 2, and the fact-finding inquiry of the non-party bank, the non-party bank's reply to fact-finding in addition to the loans of this case against the defendant prior to the assignment of the claim of this case.
1. As stated in the part above, loans of KRW 100 million from October 8, 2007, and KRW 51,500,000 from discount notes loans of KRW 51,00 on February 12, 2008 were owned by the Defendant, and the Defendant had a claim for loans of KRW 90,000 against the principal debtor B, which was jointly and severally guaranteed by the Defendant. However, the non-party company is related to the relevant debtor, such as Gwangju District Court Decision 2008Du2740, 2767 C, and D Auction Case.