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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 9, 2009, the Defendant concluded a credit transaction agreement (hereinafter “instant agreement”) with Han Bank Co., Ltd. (hereinafter “Nonindicted Bank”), and agreed to apply 19% of the compensation rate for delay in installments on October 9, 2010 and on November 9, 2009 when the repayment period is three months or more after receiving a loan of KRW 1.1 billion from the Nonparty Bank.
B. From November 9, 2009 to May 201, 2010, the Defendant repaid a total of KRW 70 million per month of the above loan principal for seven months, and thereafter, the instant agreement was terminated on November 29, 2010 as the Defendant’s circumstance did not pay the principal and interest in installments.
C. On the other hand, on October 28, 2010, the non-party bank transferred assets including loan claims against the defendant under the instant agreement to the Yonhap Asset Management Co., Ltd., which subsequently transferred the above assets to the plaintiff on November 30, 2010.
Accordingly, on December 1, 2010, the non-party bank notified the defendant of the fact that the claim against the defendant of the non-party bank was transferred to the plaintiff as of September 16, 2010.
The Plaintiff received the said money by receiving dividends of KRW 1,282,711,830 from the date of distribution implemented on March 15, 2012, upon filing an application for voluntary auction on the real estate owned by the Defendant with the Daejeon District Court 2010Kack25131 regarding the claim for loans under the instant agreement. After that, as the judgment in favor of the creditors who received dividends on the said date of distribution became final and conclusive in a lawsuit of demurrer against distribution, the Plaintiff received additional KRW 17,097,255 on October 17, 2012, and KRW 14,782,070 on July 29, 2013, respectively.
In addition, on March 27, 2012, the Plaintiff recovered KRW 51,070 in relation to the instant loan claim.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1, 3 and 4 (including branch numbers, if any) and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is in accordance with the agreement of this case.