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1. As to KRW 514,050,560 and KRW 440,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 514,050,560 from December 12, 2014 to August 12, 2015.
Reasons
1. Basic facts
A. The credit transaction agreement between the new bank and the defendant 1) The new bank (hereinafter referred to as the "new bank") non-party 1
(2) On June 15, 2012, when loaninging KRW 440,00,00 to the Defendant on June 15, 2012, the loan interest rate is 200% on June 18, 2015; COFX standard interest rate on balance; 2.4% on the loan interest rate (if the delayed period is not more than one month from the date of delinquency, 7% per annum; 8% per annum if the delayed period is more than one month but not more than three months; and 9% per annum if the delayed period is more than three months), and the highest rate (17% per annum) if the loan interest rate exceeds 17% per annum; and the indemnity rate is to be 2% per annum per annum on the loan interest rate; and the full repayment (hereinafter “the loan agreement”).
(2) The Defendant did not pay interest while making a transaction pursuant to the above agreement, and lost the benefit of time as of October 25, 2013. At the time, the damages for delay rate of 12.57% per annum (i.e., COFIX interest rate of 3.17% per annum on June 17, 2013).
B. 1) On December 23, 2013, the new bank entrusted (such as transfer of securitization assets) to the non-party Korea Securities and Exchange Co., Ltd. (KBBB real estate investment trust No. 2 (NPL) trust company) (a trust by entering into an asset acquisition agreement).
(2) The loan amounting to KRW 440,00,000 and interest thereon and damages for delay under the instant credit transaction agreement (hereinafter “claim for the instant loan”).
(2) In accordance with Articles 38(1)1, 2, 3, and 6 of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”), the Plaintiff entered into an application for registration of an asset-backed securitization plan with respect to the instant loan claims to the Financial Supervisory Service on December 6, 2013, and on the same day.