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1. The defendant shall pay KRW 97,890,631 to the intervenor succeeding to the plaintiff.
2. The plaintiff's claim is dismissed.
3...
Reasons
1. Facts of recognition;
A. D on June 8, 2008, purchased the above apartment G from F, etc. Co., Ltd. (hereinafter “Enforcement Company, etc.”) which is the executor of the E Apartment, and entered into a loan transaction agreement to apply the loan rate of KRW 278,960,00 from the H Bank on November 28, 2008 for the payment of intermediate payment, on February 28, 201, with the expiration date of the loan. The loan interest rate of KRW 278,960,00 from the H Bank on February 28, 201, three months with the floating rate of interest, three months with the interest rate of the loan interest rate of KRW 1.85% with the CD interest rate of interest, nine percent with the overdue interest rate of KRW 16% with the highest interest rate of KRW 21% (hereinafter “the loan transaction agreement in this case”). The loan was paid.
B. On June 25, 2010, the Defendant acquired the status of the purchaser of the above apartment from D and acquired the status of the obligor under the instant loan agreement.
However, from March 1, 2012, the Defendant did not pay interest on the instant loan.
C. On November 15, 2013, H Bank entered into an asset transfer agreement with I Co., Ltd. (hereinafter “I”) to transfer the instant loan claims. On December 24, 2013, H Bank entered into an asset transfer agreement between I, J-Liability Company (hereinafter “J”) and H Bank with the content that I transfer the I’s rights, interests, profits, and obligations under the said asset transfer agreement to JA. Accordingly, H Bank transferred the instant loan claims to JA, and on December 30, 2013, notified the Defendant of the transfer of the instant loan claims by mail proving the content.
The executor, etc. cancelled the sales contract on the ground of the Defendant’s failure to pay the remainder, and sold the above K again to a third party, and on June 27, 2014, the executor repaid the principal of the principal and interest of the instant case to H Bank as the sales price.
E. The instant repayment was appropriated to repay the principal out of the principal and interest of loan according to the agreement between the executor, etc. and H bank.
F. On January 22, 2016, J shall pay to the Plaintiff interest on the instant loan and damages for delay.