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1. The defendant shall pay to the plaintiff KRW 95,923,708 and KRW 83,841,865 among them, per annum from August 8, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On April 26, 2013, Dongyang Life Insurance Co., Ltd.: (a) determined and lent KRW 90 million to the Defendant at a rate of 15.9% per annum.
B. The Defendant delayed the repayment of the principal and interest of the above loan, and the principal and interest of the loan in arrears as of July 10, 2014 is KRW 95,923,708 (the principal and interest of the loan are KRW 83,841,865).
C. The Dongyang Life Insurance Co., Ltd transferred a loan claim to the Plaintiff to the Defendant, and notified the Defendant of the transfer.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]
2. Determination:
A. According to the above facts, the Defendant is obligated to pay the Plaintiff, the transferee of the loan claim, the remaining principal and interest of KRW 95,923,708 and the principal of KRW 83,841,865, as sought by the Plaintiff, delay damages after the delivery date of the instant payment order.
B. As to this, the defendant asserts that, as above, he received loans from the Dongyang Life Insurance to use as the fund for purchasing flapsing machines in accordance with B's good offices, since B did not acquire flapsing machines by paying interim loans, and thus, the defendant could not provide flapsing machines as security to the Dongyang Life Insurance, the defendant did not have a duty to return the loan to the defendant.
According to the evidence Nos. 4, 5, 1, and 2 of the evidence No. 4, 5, and 1 and 2, it is recognized that the person who received the above loan directly from the East Life Insurance is B as the defendant's assertion, but on the other hand, it is also recognized that it was attributable to the defendant's delegation of the right to receive the loan to B. Thus, it is not recognized that
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.