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1. The defendant shall pay 69,965,938 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition (1) around December 9, 2010, SB Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) loaned real estate owned by the Defendant to the Defendant at a rate of 10.3% per annum and 22.3% per annum (hereinafter “instant loan”); and thereafter, the Defendant lost its interest by delaying the payment of the principal and interest of the instant loan and interest thereon.
(2) After the auction procedure (U.S. District Court B), KRW 238,547,723 of the proceeds from the sale was distributed to SB Savings Bank. Accordingly, the loan of this case exceeded KRW 73,09,965.
(3) On June 19, 2015, the SB Savings Bank transferred KRW 69,965,938 out of the interest on the instant loan to the Plaintiff. The Plaintiff was delegated by the SB Savings Bank with the authority to notify the transfer and notified the Defendant of the transfer on or before July 7, 2015, and the notification reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to pay KRW 69,965,938 out of the interest on the loan of this case to the plaintiff.
2. As to the Defendant’s assertion, the Defendant initially asserted that the person in charge of the Swiss Savings Bank, which caused the Defendant to offer a security loan, was to reduce the amount of KRW 25 million including the Defendant’s overdue interest, and thereafter, the Switzerland Savings Bank, who acquired the rights of the Switzerland Savings Bank, received a dividend of the above amount in the above auction procedure to the effect that all obligations arising from the instant loan were repaid. However, the Switzerland Savings Bank was to reduce the Defendant’s obligations to KRW 25 million.
It is recognized that all obligations arising from the instant loan have been repaid.