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1. The defendant shall pay to the plaintiff the amount of KRW 623,916,430 and KRW 465,402,221 among them, from June 27, 201 to the date of full payment.
Reasons
1. Basic facts
A. On June 19, 2009, B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with the Defendant with a comprehensive passbook loan of KRW 39 million per annum, 12% per annum, 21% per annum, 21% per annum, and June 19, 2010 due date, and entered into an additional agreement with the effect that the credit limit is increased to KRW 490 million.
(hereinafter referred to as the “instant loan agreement” by referring to the initial credit transaction agreement and the additional agreement, and the said loan is referred to as the “instant loan”). B.
However, upon the insolvency of B’s management status, on November 22, 201, the basic agreement on the transfer of assets and liabilities between the Plaintiff (formerly changed: Boh Savings Bank) and B was concluded, and on November 23, 201, the Financial Services Commission decided to transfer a contract pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act and transferred the contractual status of B under the instant loan contract to the Plaintiff.
In addition, on November 24, 201, the Plaintiff and B publicly announced the decision to transfer contracts on a daily basis in the Economic Newspapers and Busan City daily.
C. Meanwhile, according to the loan cost agreement prepared by the Plaintiff, the Defendant only paid interest on the instant loan until June 26, 201, and did not pay interest thereafter. As of June 26, 2011, the remainder of the principal and interest on the instant loan obligation as of June 26, 201 (= Principal KRW 465,402,221 interest rate of KRW 158,514,209) is written.
[Ground of recognition] Facts without dispute, Gap 2-4 evidence, Gap 8 evidence, Gap 9-1, 2's evidence and the purport of the whole pleadings
2. Determination:
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 21% per annum from June 27, 2011 to the date of full payment, with respect to KRW 623,916,430 of the remaining principal and interest of the instant loan, and the remaining principal and interest of KRW 465,402,221 of the outstanding principal.
B. The defendant.