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1. The defendant shall pay to the plaintiff KRW 77,743,225 as well as KRW 25,478,237 among them, from February 1, 2018 to the date of full payment.
Reasons
1. Determination on the cause of the claim
(a) If the purport of the entire pleadings is added to each entry of Gap evidence 1 through 7 (including branch numbers), the following facts may be recognized:
1) The defendant corporation C (hereinafter referred to as "C")
(C) The issuer C, face value 104,40 won, the addressee, the Defendant, the date of issuance on July 16, 2012, and the date of payment on September 30, 2012 (hereinafter “instant bill”).
(2) On July 17, 2012, the Defendant entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Plaintiff on the basis of the following: (a) on July 17, 2012, the Defendant: (b) concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Plaintiff: (c) the amount of commercial bill discount, the amount of credit transaction, the amount of credit limit: KRW 200,000,000: July 17, 2013; (d) the interest rate: 4.94% of the standard loan interest rate; and (e) delay interest
The Defendant issued to the Plaintiff the instant bill in accordance with the instant credit transaction agreement and borrowed KRW 104,40,440 at its face value to the Plaintiff.
However, the Plaintiff paid 102,606,451 won to the Defendant after deducting interest pursuant to the agreed interest rate from the date of the loan to the date of the payment of the Promissory Notes.
3) After the commencement of rehabilitation procedures with respect to C, the Plaintiff participated in the rehabilitation procedure as a rehabilitation creditor, and applied for the inspection of rehabilitation claims under Seoul Central District Court Decision 2012 Ma4343, Jan. 22, 2014, with respect to the Promissory Notes in this case, “A confirmation that the Plaintiff’s rehabilitation claim against C is KRW 104,936,318.” (4) During the rehabilitation procedure with respect to C, C, 29.84% of the debt amount, and 70.15% of the debt amount, was confirmed to be repaid in cash from 2013 to 2022.
Accordingly, the Plaintiff paid KRW 7,723,750 from C to December 1, 2014; KRW 66,586,297 at the present discount from December 30, 2014 to December 2016; and KRW 4,613 at the present discount from May 31, 2016 to 2022.