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1. The defendant shall pay to the plaintiff KRW 268,768,905 and KRW 12,832,731 among them from September 21, 2017 to the day of full payment.
Reasons
1. Basic facts
A. On October 18, 2010, Korea Bank Co., Ltd. (hereinafter “Nonindicted Bank”) entered into a loan transaction agreement with the Defendant (hereinafter “instant loan agreement”) with the following terms and conditions. B was served on November 23, 2017 and confirmed on December 20, 2017 upon receipt of the payment order issued on December 23, 2017. The Defendant’s representative director, as the Defendant’s representative director, jointly and severally guaranteed the Defendant’s obligation under the said agreement.
B. On December 13, 2013, Nonparty Bank sold its claim under the instant loan agreement to Nonparty Joint Asset Management Co., Ltd., and on December 26, 2013, the Yonhap Asset Management Co., Ltd. transferred its purchaser’s status to the Plaintiff. On December 26, 2013, Nonparty Bank sent its content-certified mail to the Defendant notifying the assignment of the above claim on December 27, 2013, and the said mail reached the Defendant around that time.
C. Meanwhile, as of September 20, 2017, the Defendant’s debt amount under the instant loan agreement against the Plaintiff is as follows.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 268,768,905 ( KRW 15,558,245, KRW 253,210,660) and KRW 12,832,731, the amount calculated at the rate of 16.05% per annum, which is the delayed interest rate, from September 21, 2017, the following day of the above calculation base date to the date of full payment, and for KRW 205,640,00, the amount calculated at the rate of 17% per annum, which is the delayed interest rate, from September 21, 2017, to the date of full payment.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.