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1. Defendant B:
A. As to KRW 257,347,989 and KRW 249,30,00 among the Plaintiff and the Plaintiff’s KRW 240,00 from January 2, 2019 to July 4, 2019.
Reasons
1. Facts of recognition;
A. On November 23, 2016, Defendant B leased, respectively, the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C Co., Ltd. (hereinafter “Defendant C”) with KRW 262,50,000 as lease deposit, and the lease term from December 2, 2016 to December 1, 2017, respectively.
(hereinafter “Lease of this case”). (b)
D Co., Ltd. (hereinafter “D”) borrowed KRW 249,300,000 to Defendant B on November 24, 2016 as indicated below (hereinafter “instant loan”). To secure this, Defendant B was assigned the right to refund KRW 262,50,000 as the instant lease deposit.
The overdue interest rate of 4.99% per annum of 249,300,000 won from December 2, 2016 to December 2, 2018, shall be the overdue interest rate for each overdue period of 4.9% per annum.
1. Not more than one month: 8% of the loan interest rate;
2. One month to three months: 9% of the loan interest rate.
3. More than three months: 10% of the loan interest rate.
4. Maximum 19% per annum.
5. To apply overdue interest from April 30, 2018 to 3% of normal interest as set forth in the notice of the Financial Services Commission;
C. On November 28, 2016, Defendant B notified Defendant C of the transfer of the instant lease deposit claim by content-certified mail with a fixed date, and the said transfer notification reached Defendant C around November 29, 2016.
Since then, Defendant B delayed the payment of interest on the instant loan, D transferred the instant loan and the instant lease deposit repayment claim to the Plaintiff on January 2, 2019, on January 4, 2019, Defendant B notified Defendant C of the transfer of the instant loan claim, and on January 3, 2019, the transfer of the instant lease deposit repayment claim to Defendant C by mail with the content-certified fixed date.
The notification of transfer to Defendant B reached around January 5, 2019, and the notification of transfer to Defendant C reached around January 4, 2019.
E. Meanwhile, as of January 2, 2019, the principal and interest of the instant loan amounting to KRW 257,347,989 (i.e., the principal and interest of the instant loan amounting to KRW 249,30,000, interest and overdue interest amounting to KRW 7,986,517).