Text
1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 39,572,086 and KRW 10,142,626 among them. The Defendant shall pay full payment from February 15, 2013.
Reasons
1. On July 1, 1997, the Bank for interesting the facts of recognition set forth KRW 10,000,000 to the Defendant on July 1, 1997 as due date and at the rate of 18% per annum on July 1, 1998, respectively.
(hereinafter “instant loan claim”). The later rate of damages for delay was changed to 19% per annum on January 29, 1999.
C. On June 30, 2001, a limited company specializing in the first asset-backed securitization (hereinafter referred to as “Chynam”) acquired the instant loan claim from the Kyung Bank on June 30, 2001, and filed a lawsuit claiming the acquisition of the loan (hereinafter referred to as “previous lawsuit”) against the Defendant under Seoul District Court 2003Gada174500 on June 22, 2003. The above court concluded the pleadings on August 22, 2003, and on the same day on the same day, “the Defendant shall pay Ch's 10,920,846 won and its 19% interest per annum from July 27, 1998 to the day of complete payment” (hereinafter referred to as “previous judgment”). The previous judgment became final and conclusive on September 9, 203.
The defendant served on July 18, 2017 with the plaintiff's written answer from July 18, 2017, which was attached by the previous written judgment (No. 6) at the trial court, but did not appeal against the previous written judgment.
C. On October 6, 2009, C&C transferred the instant loan claim to the Plaintiff. On November 22, 2012, the Plaintiff delegated the notification of the assignment of claims and notified the Defendant of the assignment of claims by content-certified mail.
As of February 14, 2013, the remaining principal and interest of the instant loan claims are KRW 39,572,086, and among them, the principal and interest are KRW 10,142,626.
On February 17, 2015, the Plaintiff transferred the instant loan to the intervenors, and notified the Defendant of the transfer of the claim at that time.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 4, 6, and 7, and the purport of the whole pleadings
2. According to the facts of finding the cause of the claim, the defendant is obligated to pay the remaining principal and interest and damages for delay on the remaining principal and interest to the intervenor.
3. The defendant's defense of the extinction of prescription is assessed against the defendant.