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1. The defendant shall pay to the plaintiff the amount of KRW 146,143,774 and the amount of KRW 89,340,886 from February 9, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 28, 2005, the Defendant entered into a credit transaction agreement with C Co., Ltd. (hereinafter “C”) on the terms of “credit loans: general loans, credit limit amounting to KRW 670,000,000,000,000 for credit period expiration date, and interest rate fluctuation rate (2.60% on CD yield)”.
B. Since then, the Defendant lost the benefit of time by delaying the payment of loans and interest under the above credit transaction agreement, and C transferred the claim for loans, etc. under the above credit transaction agreement (hereinafter “the instant claim”) to the Plaintiff on March 28, 2014, as prescribed by Asset-Backed Securitization Act. On March 31, 2014, the Defendant notified the Defendant of the transfer of the above claim.
C. Meanwhile, at the time of the above credit transaction agreement, the Plaintiff received dividends of KRW 233,832,602 in relation to the instant claim in the voluntary auction procedure (U.S. District Court E) with regard to the 385 square meters of land offered as security for the instant claim at the time of the above credit transaction agreement. As of February 8, 2020, the principal and interest obligation of the instant claim as of February 8, 2020 is as follows, and is 14.56% per annum.
89,340,86 4,56,926 52,245,962 146,143,774 won / [Grounds for Recognition] No dispute, each entry in Gap evidence Nos. 1 through 10, and the purport of the whole pleadings.
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff, the transferee of the claim of this case, the amount of 146,143,774 won as of February 8, 2020 and the remaining principal amount of 89,340,886 won, calculated at the rate of 14.56% per annum from February 9, 2020 to the date of full payment.
B. As to the above, the Defendant proposed that the Defendant, at the time of the above credit transaction agreement, was to establish a title holder because C is not a good credit of F, and accordingly, the Defendant’s name is merely an entry in the above credit transaction agreement in the form of the name of the Defendant. As such, the Defendant is liable for the obligation arising from the instant claim.