beta
Text
1. The Defendant’s KRW 474,998,99 and KRW 211,090,104 among the Plaintiff and the Plaintiff’s KRW 211,090,104 within the scope of KRW 1,820,000.
Reasons
1. Facts of recognition;
A. On August 3, 2004, Daejeon Mutual Savings Bank Co., Ltd. (hereinafter “ Daejeon Mutual Savings Bank”) concluded a credit transaction agreement with Nonparty B, setting the credit limit of KRW 1.4 billion, interest rate of KRW 10 billion per annum on August 3, 2005, interest rate of KRW 10% per annum, and delay damages rate of KRW 21% per annum, and loaned KRW 1.4 billion.
At the time, the defendant guaranteed the above loan obligations up to the limit of KRW 1.82 billion.
B. The Financial Services Commission, on September 5, 201, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, made a decision to transfer a contract related to financial transactions, including deposit loans, to the Plaintiff (hereinafter “decision to transfer a contract”). Daejeon Mutual Savings Bank and the Plaintiff, on September 6, 201, announced the summary of the decision to transfer a contract pursuant to Article 14-2(2) of the same Act in lieu of the notification of the transfer of the claim.
C. The remaining principal of the loan obligation that the Plaintiff acquired at the time of September 5, 201, which was the date of the said decision on contract transfer, is KRW 211,090,104, and the remaining interest or delay damages are KRW 263,908,895.
【Reason for Recognition】 Each description of evidence Nos. 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant, the guarantor of the above loan obligation, is obligated to pay to the Plaintiff, the transferee of the above loan obligation the agreed delay damages calculated at the rate of 21% per annum from September 6, 2011 to the day after the end of the period for calculating the damages for delay, which is calculated at the rate of 21 billion won per annum for the remaining principal and interest of KRW 474,98,999,99 (=the remaining principal and interest of KRW 211,090,104 or delay damages of KRW 263,908,895) and the remaining principal and interest of KRW 211,090,104,000,000 per annum, which is the above guarantee limit, within the limit of KRW 1.82,000,000,000,000,000,000 won.