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1. As to KRW 353,083,712 and KRW 39,966,915 among the Plaintiff, the Defendant shall be from September 28, 2016 to the day of full payment.
Reasons
1. In full view of the respective descriptions of evidence Nos. 1 through 6 (including additional numbers) and the overall purport of the pleadings as to the cause of the claim, the facts of the cause of the claim (the details of the claim shall be deemed to be “Plaintiff”, and the “debtor” shall be deemed to be “Defendant”) such as the facts of the cause of the claim (the same shall apply to the details of the claim,” barring special circumstances, the Defendant is liable to pay to the Plaintiff the unpaid principal and interest and delay damages, as described in paragraph (1
2. Judgment on the defendant's assertion
A. The defendant alleged to the effect that "the defendant was not notified of the transfer of claim," but since the defendant was aware of the transfer of claim in the course of the lawsuit of this case, the defendant's above assertion is without merit.
B. The Defendant asserts to the effect that “the five-year extinctive prescription for each of the instant claims has expired”
However, in the case where the auction procedure is in progress, the extinctive prescription takes place again from the time when the distribution schedule became final and conclusive. There is no evidence to support that the lawsuit in this case was filed after five years from the time when the distribution schedule became final and conclusive in the auction procedure of real estate B in Seoul Central District Court related to this case
C. The Defendant asserts to the effect that “the Plaintiff’s claim is unjustifiable since bankruptcy proceedings (U.S. District Court 2016Hadan5409, 2016 Ma5409) are pending against the Defendant.” However, there is no evidence to acknowledge that the Defendant was declared bankrupt before the closing of the argument in the instant case, and the Plaintiff’s litigation is not prohibited or suspended solely on the ground that the Defendant filed a petition for bankruptcy. Therefore, the Defendant’s argument is without merit.
3. Conclusion, the plaintiff's claim is justified and acceptable.