Text
1. The defendant shall be the plaintiff.
(a) KRW 29,00,000 and interest rate of KRW 12% per annum from June 26, 2019 to the date of complete payment.
Reasons
1. Basic facts
A. As between C on December 30, 2016, the Defendant agreed to pay KRW 1,00,000 on the 30th day of each month for 40 months from January 30, 2016, with respect to KRW 40 million borrowed from C on November 30, 2016 (which appears to be “not later than May 2020,” but appears to be “4 months”).
The above loan certificate is written in addition to the phrase "I will make repayment on 28 days in February 2017."
B. C transferred the above loan claims to the Defendant on June 2019 to the Plaintiff and delegated the power to notify the assignment of claims.
On June 24, 2019, the plaintiff's notice of assignment of claims was written to the defendant on June 26, 2019.
[Reasons for Recognition: Descriptions in Evidence A Nos. 2 and 3]
2. According to the above facts of recognition, the Defendant is obligated to pay the Defendant the amount of KRW 40 million per annum 12% per annum from the day following the delivery of the copy of the application for modification of the purport of the claim of this case to the Defendant until the delivery of the duplicate of the application for modification of the purport of this case to the Defendant (29 months from January 2017 to May 2019) and the damages for delay by 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as sought by the Plaintiff after the due date.
In addition, the defendant is obligated to pay one million won each month from June 30, 2019, which is the following due date, to April 30, 202, which is the last due date.
In February 2017, it can be interpreted to the effect that the repayment would be made on the last day of February 2018 through February 2020.
However, in light of the fact that the Defendant did not perform payment in installments once from January 30, 2017, the first due date, which was the first due date, even if the future due date arrives, it is recognized that the claim in advance should be filed because it constitutes a case where it is impossible to expect a voluntary performance even if the future due date arrives.
The plaintiff is from June 2019 to June 201.