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1. The Defendant shall pay to the Plaintiff the amount of KRW 145,602,551 and KRW 32,252,10 among them, from October 20, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On June 21, 2013, the Plaintiff received from C Co., Ltd. (formerly: D Co., Ltd.; hereinafter “C”) and E Co., Ltd. (hereinafter “E”) claims on the loan details indicated in the following B, and notified the Defendant of the transfer of claims on June 23, 2014.
(hereinafter referred to as "C Claim 1 and E Claim 2). (b)
The Plaintiff’s outstanding loan balance and interest in arrears as of October 19, 2018 against the Defendant are listed in the following loan details:
(The overdue interest rate of the plaintiff is 15% currently). [Loan Details Schedule] C EB
B. 1) On September 23, 2004, C received a payment order against the Defendant for the payment of claim No. 1 from the Daejeon District Court of Hongcheon-gun Branch of the Daejeon District Court of 2004Guj1696, and the above payment order was served on September 25, 2004, and became final and conclusive October 104, 2004. 2) After which C applied for the attachment and collection order of claim against the Defendant under the above payment order finalized on October 6, 2010, Daejeon District Court of Hongsung Branch of 2010TT2926, and received the attachment and collection order of claim against the Defendant on October 7, 2010, and the above order was served on the Defendant on November 15, 2010 and became final and conclusive at that time.
C. On December 1, 2008, F Co., Ltd. brought an action against the Defendant for the payment of the claim No. 2 under Seoul Central District Court 2008Gaso30797, which became final and conclusive on January 6, 2009.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the facts acknowledged in the above-mentioned Paragraph (1) as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff 145,602,51 won and damages for delay calculated at the rate of 15% per annum, which is the Plaintiff’s overdue interest rate, from October 20 to the day of full payment, to October 20, 2018, barring special circumstances.
3. Judgment on the defendant's assertion
A. Since the Defendant’s claim 1 and 2 claims are subject to the five-year extinctive prescription period, each of the above claims is overdue.