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1. The defendant shall pay to the plaintiff 142,570,558 won and KRW 85,962,282 from May 17, 2019 to the day of full payment.
Reasons
1. Determination on the Plaintiff’s assertion of the cause of claim
A. In fact, on May 23, 2008, the Defendant concluded a loan transaction agreement with the Industrial Bank of Korea (hereinafter “instant loan transaction agreement”) with the loans amounting to KRW 174,00,000, and on May 23, 2019, the expiry date of the loans. However, the Defendant lost its interest due to delay in paying the principal and interest pursuant to the instant loan transaction agreement.
After the two auctions over the real estate owned by the Defendant, part of the claims under the loan transaction agreement of this case was repaid. As of May 16, 2019, claims under the loan transaction agreement of this case were 85,962,282, overdue interest of 56,608,276 won, and damages for delay applicable to the loan transaction agreement of this case were 13% per annum.
Meanwhile, the claims under the instant loan transaction agreement against the Defendant were transferred from the Industrial Bank of Korea to D limited companies, and from D limited companies to E limited companies, and the Plaintiff received the above claims from E limited companies according to the asset acquisition agreement concluded around May 2, 2018, and the transferor, E limited company, which was the transferor, sent the notice of the assignment of claims to the Defendant by content-certified mail around May 4, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, 7 through 13, and the purport of the whole pleadings
B. According to the above facts, the Defendant is obligated to pay damages for delay calculated at the rate of 12% per annum to the Plaintiff, the final transferee of the instant loan transaction agreement, within the scope of the agreed interest rate of 12% per annum from May 17, 2019 to the date of full payment, as claimed by the Plaintiff, within the scope of the agreed interest rate of 12% per annum from May 17, 2019 to the date of full payment.
2. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is justified, and it is so decided as per Disposition.