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1. The Defendant shall pay to the Plaintiff KRW 105,00,000 and the interest rate of KRW 15% per annum from June 4, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 26, 2015, the Defendant entered into a contract with C to take over the assets and liabilities of the H Group composed of the F value of the first and fourth floors located in the Gangnam-gu Seoul Metropolitan Government D and the third floors located in E and the G value of the second floor located in D (hereinafter “instant contract”) in the amount of KRW 2.2 billion (hereinafter “the acquisition limit contract for the instant assets, etc.”) between C and C, and obtained certification as a notary public’s I office No. 3509 on the contract.
For the partial payment of the purchase price of the instant asset, etc., the Defendant issued to C four copies of promissory notes with a total face value of one billion won. At the above office, upon the commission of the Defendant and C, the said four copies of the said promissory notes were prepared as No. 2597 through 2600 of the deed of 2015.
B. On March 8, 2016, while being investigated as a separate crime of fraud, the Plaintiff filed a complaint against C around early 2016, and the Plaintiff and C entered into a claim transfer and takeover agreement with C as to the claim claim against C under a contract for acquisition of the instant asset, etc. (hereinafter “instant claim transfer agreement”), which pertains to the instant case, as follows.
Article 1 The purpose of this Agreement is to pay the sum of the sum of the principal amount of the fraudulent damage agreed upon by Party A (C) to Party B (hereinafter referred to as the Plaintiff) and the annual interest rate of KRW 520,000 and the annual interest rate of 24%.
Article 2 Statement Guarantee, etc. ① Confirmation that A has the following claims against B against the Defendant.
1) Payment of promissory notes from January 26, 2015, which is the date of business transfer or takeover contract of this case, to KRW 1 billion in total as stated in Paragraph 1) out of the amount of promissory notes secured by Paragraph 2) out of the total amount of KRW 1 billion stated in Claim 4 of the said Promissory Notes issued by the Defendant for the security of claim for transfer or purchase price of the said KRW 2.2 billion due to the instant asset transfer or takeover contract.