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1. The defendant shall pay 1,00,000,000 won to the plaintiff and 25% per annum from June 28, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On February 28, 2006, the Plaintiff extended a loan of KRW 8 billion under the name of the KFD City Development Corporation (hereinafter “Nonindicted Company”), a company implementing urban development projects in the Dongcheon-2 District (hereinafter “Dongcheon-2 District Urban Development Project”), with a certain amount of funds for purchasing the project site set at 12% per annum, 12% per annum, 25% per annum, 25% per annum, due date for payment, March 31, 2010, Pu2 Mutual Savings Bank, a company affiliated with the Plaintiff (hereinafter “P2 Mutual Savings Bank”), a company affiliated with the Plaintiff, extended a loan of KRW 5 billion under the same name and condition to the Nonparty on the same day, and thereafter, on March 12, 2009, the Plaintiff and Busan Mutual Savings Bank transferred the loan from the discounted bill to a general fund loan.
B. On September 8, 2009, the Defendant, as a contractor of the above urban development project, entered into a payment guarantee contract with the Plaintiff and Pue2 Mutual Savings Bank regarding each of the above loans obligations (which seems to have been able to be repaid during the original loan maturity without losing the benefit of time although the grounds for loss of time occurred to the company other than the Plaintiff). Moreover, the Plaintiff and Pue2 Mutual Savings Bank entered into an agreement with the Plaintiff and Pue2 Mutual Savings Bank on the payment guarantee agreement as stated therein (hereinafter “instant agreement”).
C. Meanwhile, on June 28, 2013, the instant contractual rights, which are the above loans claim and its subordinate rights of Pu2 Mutual Savings Bank, were transferred to the Plaintiff via the Korea Asset Management Corporation and the Ors Savings Bank.
The non-party company has not repaid each of the above loans until now.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 7 to 9 (including paper numbers), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Prior to the Plaintiff 1’s primary claim, the instant agreement between the parties was concluded on March 31, 2010 by the Nonparty Company.