1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Choung Bank Co., Ltd. implemented two loans to the Defendant, and the said loans were transferred to a limited liability company specializing in asset-backed securitization on the date on which the C&T ballast was the date on which the C&C was in force.

B. A limited liability company specializing in the C&C, the C&C, the Han River, has filed a lawsuit against the Defendant and B on August 22, 2005 against the Seoul Central District Court 2005da1210183, and the above court rendered a judgment on August 22, 2005 that "the Defendants jointly and severally against the Plaintiff, 24,91,696 won and 8,893,112 won per annum from February 22, 2005 to the day of full payment, and 19.5% per annum from February 22, 2005 to the day of full payment, and the Defendant A shall pay 701,573 won and 292,912 won to the Defendant and B at the rate of 19% per annum from February 22, 2005 to the day of full payment." The above judgment became final and conclusive at that time.

C. After that, around October 6, 2009, a limited liability company specializing in C&B-investment loan company around C&B-investment loan company and C&B-investment loan company around June 21, 2013 respectively transferred the above loan claim to the Plaintiff, and the transferor of the claim notified the Defendant of the transfer of the claim by the time of each transfer date.

The balance of principal and interest as of June 9, 2015 on the above loans is KRW 41,283,891 (principal KRW 8,893,112 among them) and KRW 1,249,736 (principal KRW 292,912 among them).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 17% per annum, which is the day following the base date for calculation, with respect to KRW 42,533,627 (i.e., KRW 41,283,891, KRW 1,249,736) and the principal amount of KRW 9,186,024 (i.e., KRW 8,893,112, KRW 292,912) from June 10, 2015 to the day of full payment.

B. The defendant asserts that all of the above loans were repaid, but the submitted evidence alone is sufficient.