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1. The defendant shall pay to the plaintiff KRW 97,265,131 as well as KRW 11,00,000 among them, from April 10, 2019 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The defendant corporation C (hereinafter "C")
(2) On April 9, 2019, the following terms and conditions were concluded: (a) as of April 28, 2019, the principal and interest of the loan was 97,265,131 won in total; (b) on November 28, 2013, the total overdue interest rate of the principal and interest of the loan extended on the extended loan date was 12,00,000,000 11,000,000 10,863,8363,863,836 21,863,836% in annual 17% in August 26, 2007; and (c) on August 28, 2013, the Defendant transferred the Plaintiff’s credit to the said limited company (hereinafter “Defendant 2, 2018”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, a transferee, the amount of KRW 97,265,131 as well as KRW 11,00,000,00 in the balance of the principal of the loan from April 10, 2019 to the date of full payment, 17% per annum, which is the agreed interest rate for delay from April 10, 2019 to the date of full payment, and 43,431,527 in the balance of the principal of the loan from August 2, 2007 to the date of full payment, barring special circumstances.
2. The defendant's assertion asserts that the defendant's claim of this case was extinguished by the extinctive prescription of the commercial claim.
According to the evidence mentioned above, Gap evidence and evidence Nos. 12 and 13, C obtained a provisional attachment order (Seoul Central District Court 2013Kadan58642) on July 22, 2013 on the part of the loan claim of November 28, 2005 that was owned by the defendant, and on the same day, it was registered as provisional attachment on the above house. C created a collateral security right on the same day to secure the loan claim of August 2, 2007, and on the same day, on July 19, 2013.