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1. The Defendant’s KRW 854,00,934 and KRW 334,076,272 among the Plaintiff’s KRW 16,00 per annum from June 30, 2016 to July 7, 2016.
Reasons
On May 31, 2005, the Songtan Agricultural Cooperative (hereinafter “Seoul AFF”) established and lent to the Defendant KRW 640 million (hereinafter “instant loan claim”) as of May 31, 2010, the due date for repayment was determined and lent to the Defendant the amount of KRW 640,000,000 (hereinafter “instant loan claim”).
On January 23, 2011, Songtan received dividends of KRW 305,918,718 in the voluntary auction procedure for secured real estate and appropriated the principal out of the loans of this case.
On June 26, 2015, Songtan transferred the instant loan claim to the Plaintiff, and notified the Defendant of the transfer on August 13, 2015.
The interest or delay damages on the loan claims of this case as of June 25, 2015 are KRW 463,708,321, and the agreed delay damages rate for the loan claims of this case from that time until July 7, 2016, which is the service date of the original copy of the payment order of this case, is 16.6% per annum.
(3) The principal and interest of the instant loan claims as of June 29, 2016 (=64,00,000 - 305,918,718), and interest or delay damages until June 25, 2015, KRW 463,708,321, and KRW 56,216,3416,341 won from June 26, 2015 to June 29, 2016 (i) plus KRW 334,076,272 won (i.e., 640,00,000 - KRW 305,918,718), and KRW 463,708,321, and KRW 56,216,341 won from June 26, 2015 to June 29, 2016).
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 16.6% per annum from June 30, 2016 to July 7, 2016, the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the date of full payment as to the above principal and interest amounting to KRW 854,00,934, and the principal amounting to KRW 334,076,272.
The defendant's defense against the defendant's defense, etc. is sufficient to pay five million won out of the loans of this case between the plaintiff and the defendant.