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1. As to KRW 108,299,595 and its KRW 97,650,940 among the Plaintiff, the Defendant shall start from October 15, 2015 to November 2, 2015.
Reasons
1. Basic facts
A. On August 21, 2014, the Plaintiff entered into a contract with A for credit transfer and takeover with the following content on the same day, setting a loan to A as 13.5% per annum, overdue interest rate of 25.5% per annum, and six months during the loan period.
A on August 21, 2014, notified the Defendant of the assignment of claims by content-certified mail, and the Defendant received it on August 29, 2014.
Article 2 (Indication of Transferable Bonds)
(a) Contents of a claim for assignment: a claim for the sale of meal costs received monthly under a contract concluded by A with the defendant on September 23, 2013 (hereinafter “claim for meal costs of this case”);
(b) An entrepreneur (third obligor): The defendant;
(c) Amount and period of transfer: Until the Plaintiff’s debt is fully paid within the limit of KRW 650,000,000 (650,000) per day;
(d) The date of transferring claims: August 21, 2014;
On March 4, 2015, the Plaintiff re-loaned a loan of KRW 100 million in KRW 30 million (12 months in loan period) and KRW 70 million (6 months in loan period) to A on March 4, 2015.
(hereinafter referred to as the “instant loan” in combination with the above loans.
A lost a benefit by failing to pay interest, etc. on the instant loan on June 5, 2015, and on October 14, 2015, the principal amount of the instant loan claim as of October 14, 2015 (=27,650,940,940,000), and overdue interest amounting to KRW 10,648,655 (=2,688,793,79,862).
On the other hand, around September 2013, A provided meals to a hospital operated by the Defendant and agreed to receive the meal cost for the 25th day of the following month after each month. On October 1, 2013, A entered into a lease on a deposit basis with respect to the six floors of the building owned by the Defendant and operated a restaurant at the same place. On June 2015, A’s meal cost claim amounting to KRW 164,207,371 is the remainder of a lease on a deposit basis with respect to the six floors of the building owned by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. Determination on the cause of the claim.