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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. Facts of recognition;
A. On April 20, 2009, the Defendant was loaned 311,400,000 won from the new bank Co., Ltd. (hereinafter “New Bank”) on April 20, 2009 on the expiration date of the lending period by adding 16% per annum to the interest rate of 9%, the highest interest rate of 21% per annum, the highest interest rate of 21% per annum, the overdue interest rate of 0% per annum, the overdue interest rate of 0% within one month, 1% within one month and 3 months, and 2% where the overdue interest rate exceeds three months.
(hereinafter “instant loan claim”). (b)
The Defendant lost the interest of the instant loan by failing to perform its obligation by the due date. At the time of March 14, 2016, as of March 14, 2016, the Defendant’s principal and interest of the instant loan amounting to KRW 20,864,012 (= Principal KRW 11,561,461; KRW 9,302,551).
C. On December 24, 2010, a new bank transferred the instant loan claim against the Defendant to the Plaintiff. On December 27, 2010 and December 28, 2010, the Plaintiff notified the Defendant of the transfer of the said loan claim. On December 31, 2010, a new bank announced the fact of the transfer of the said loan claim to the Defendant.
On the other hand, on the other hand, on November 25, 2010, the new bank continued the auction procedure for real estate ownership (U.S. Branch Branch Branch B), and received dividends of KRW 373,680,00, which is the maximum debt amount of the right to collateral security on March 18, 2011, and became the principal and interest of KRW 385,241,461 (= principal and interest of KRW 309,848,40,400, KRW 11,561,461 (= KRW 385,241,461), which is the maximum debt amount of the right to collateral security (= KRW 373,68,00,00) as of March 18, 2011, paid the principal and interest of KRW 309,848,40,07, KRW 73,978,014).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant: (a) KRW 20,864,012 (= Principal KRW 11,561,461 + Interest KRW 9,302,551 (i.e., from March 19, 201) remaining interest on the instant loan obligation to the Plaintiff, barring any special circumstance.