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1. The defendant shall pay to the plaintiff the amount of KRW 303,292,432 and the amount of KRW 94,926,922 from November 5, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. C Union extended a loan of KRW 86,500,000 to the Defendant on December 24, 2001, on the security of the letter of credit guarantee of the E organization, which is a D Management Agency, on December 24, 2006.
B. On March 19, 2004, E organization, a management agency, subrogated to the sum of KRW 99,415,69,000 in the sum of principal and interest of C Association in the position of guarantor against the defendant, as the guarantee event such as delayed payment of interest occurred.
(c) E organizations above (b).
The Daegu District Court issued a payment order against the defendant with regard to the subrogation under this subsection that "185,427,174 won and 99,415,69 won among them shall be 15% per annum from October 8, 2009 to October 30, 2009, and 20% per annum from the following day to the full payment date." This payment order was finalized on November 14, 2009.
E organizations above (c).
With the title of the final payment order, the Daegu District Court applied for a compulsory auction on real estate owned by the defendant to F. In the distribution procedure, the amount of KRW 7,719,704 was distributed on January 7, 201 and appropriated for the defendant's repayment of some of the principal and interest obligations.
E. On December 21, 2017, the E organization concluded a contract with the Plaintiff for the transfer of claims, and transferred to the Plaintiff all of the remainder of the principal and interest of the Defendant to the Plaintiff. On December 27, 2017, the E organization notified the Defendant of the transfer of claims. The notice of the transfer of claims reached the Defendant around that time.
F. The Defendant’s remaining amount of debt is KRW 303,292,432 in total as of November 4, 2019, the balance of principal, KRW 94,926,922 in total, and the balance of interest and delay damages, KRW 208,365,510 in total, and the agreed interest rate for the period after November 5, 2019 is 12% per annum.
【Reason for Recognition】 Each description of evidence Nos. 1 through 11, and the whole purport of the pleading
2. According to the facts acknowledged by the Defendant’s above-mentioned facts, the Defendant paid to the Plaintiff KRW 303,292,432 and the principal amount of KRW 94,926,922 from November 5, 2019 to the day of full payment.