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1. The defendant shall pay to the plaintiff the amount of KRW 834,938,139 and KRW 323,110,548 among them, from April 24, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. On June 24, 2009, the Industrial Bank of Korea filed an application for a payment order with the Defendant and B Co., Ltd. for the payment of loans with the Seoul Central District Court Decision 2009Da65537, Jun. 24, 2009. The above court issued the payment order to the Defendant, “The Defendant and B Co., Ltd. shall jointly and severally pay to the Industrial Bank of Korea KRW 669,54,407, and KRW 369,54,407, whichever is 14.6% per annum from March 6, 2009 to the date of full payment, for KRW 30,000,000 per annum from December 29, 2008 to the date of full payment,” and the above payment order to the Defendant shall be issued to the Defendant.
6. Each service was made on the 21st of the same month for Company B, and on the 18th of the same month for the Defendant, respectively.
B. The Defendant and B Co., Ltd. paid only part of the above debt, and the remaining claims for delay, etc. were changed to E after May 23, 2012 through the C Limited Liability Company.
On October 29, 2016, the transfer to the Plaintiff was again transferred to the Plaintiff.
On the other hand, the notice of assignment was given to all the Defendant.
C. As of April 23, 2019, the Defendant’s remaining debt against the Plaintiff is KRW 834,938,139 in total (i.e., the Defendant’s attempted principal of KRW 323,110,548, and KRW 47,950 in provisional payment of KRW 511,779,641).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 14.6% per annum from April 24, 2019 to the date of full payment, which is calculated at the rate of 14.6% per annum with respect to KRW 834,938,139 and the principal of the attempted principal of KRW 323,110,548.
B. As to this, the Defendant is proceeding with multiple creditors, including the Plaintiff, and completed the repayment contract with the Plaintiff on May 2019, the Defendant’s obligation owed by the Defendant should be limited to the agreed amount based on the Plaintiff’s consent.