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1. The defendant shall pay to the plaintiff KRW 339,191,467 as well as KRW 338,262,86 among them, from December 12, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On August 8, 2013, the Defendant borrowed KRW 840 million from C Cooperative on August 8, 2013 at the rate of 5.2% on August 8, 2018, the expiration date of the lending period, and at the rate of 18% per annum on the maximum compensation rate for delay. The Defendant set up a maximum amount of KRW 1.8 billion on the debt-based collateral security (hereinafter “instant apartment”).
B. On December 14, 2018, C Cooperatives transferred the loan claims against the Defendant to the Plaintiff. On December 21, 2018, the Plaintiff notified the Defendant of the transfer of the above claim by mail and sent it to the Defendant around that time.
(c)
1) On December 14, 2018, when the above transfer took place, the Defendant’s debt was KRW 63,51,871,820,000,000,000,000,000 won as principal and interest of KRW 84,516,450.
2) On October 30, 2019, the Plaintiff received a dividend of KRW 614,493,701 from the voluntary auction procedure of the instant apartment (Yancheon District Court’s Branch Branch Branch). The principal amount remaining after being appropriated for KRW 112,710,532 of the delayed damages was 338,262,866 ( = 840 million - 501,737,134).
3) As of November 14, 2019, the principal of the above loan claims amounting to KRW 339,191,467 (= Won 338,262,866 KRW 928,60).
[Ground for recognition] Unsatisfy, entry of Gap evidence, the purport of whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum from December 12, 2019 to the date of full payment, with respect to KRW 339,191,467 and the principal amount of KRW 338,262,866, which is the Plaintiff.
B. As to this, the Defendant asserted that the instant apartment was sold by auction, and awarded a successful bid of KRW 652,498,00 in the instant auction procedure, and that the principal amount was short of KRW 187,502,00 from KRW 84,000 to KRW 187,50,000, and that the principal amount is excessive, but KRW 338,262,866, which was paid by the Defendant during the instant auction procedure, KRW 614,493,701.