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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On July 18, 201, the New Bank Co., Ltd. (hereinafter “New Bank”) loaned KRW 430,000,000 to the Defendant as a general household loan on January 18, 2012 as the due date for payment, the interest rate of KRW 3.7% + 3.7% per annum, and delay damages rate of KRW 13.45% per annum. On January 17, 2012, the repayment date extended to July 18, 2012.
(hereinafter “instant loan”). (b)
(1) On November 26, 2013, 2013, the New Bank: (a) transferred the instant loan claim to Korea EF&A Co., Ltd.; and (b) Korea EF&A Co., Ltd., on December 23, 2013, to a limited liability company specializing in securitization (hereinafter “ES1312”).
B. On March 27, 2015, Luxembourg FS1312 transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of the said claims on or around April 17, 2015.
C. As of July 28, 2017, the claim for the instant loan remains 215,779,969 won in total, including the principal amount of KRW 157,773,954 and overdue interest of KRW 57,80,315.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8, the purport of the whole pleadings
2. Determination:
A. According to the facts acknowledged in the above facts in the judgment on the cause of the claim, the Defendant is obligated to pay the principal amount of KRW 215,779,969 to the Plaintiff, the final transferee of the claim for the instant loan (=the principal amount of KRW 157,773,954 + overdue interest + KRW 57,800,315) and delay damages for the principal amount of KRW 157,73,954 among them, barring special circumstances.
B. As to the Defendant’s assertion, around April 2007, at the time when the Defendant first received the instant loan, the Defendant set up a right to collateral security on the CJ 375.4 square meters (hereinafter “instant land”) owned by the Defendant to the new bank as security.
Around July 2013, the New Bank applied for an auction of real estate on the instant land, and FS1312, a transferee prior to the instant loan claim, was distributed KRW 393,524,707 at the above auction procedure.