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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On February 25, 2013, the New Bank Co., Ltd. (hereinafter “New Bank”) set the rate of interest and delay interest of KRW 290,000,000 to the Defendant 17% per annum (at the first agreement, the rate of 17% per annum is recognized within the scope of the above agreement, but the rate of interest and delay interest is recognized as requested by the Plaintiff) and the due date for repayment was respectively set on February 25, 2014 (hereinafter “the instant loan”).
B. The New Bank: (a) on May 29, 2014, to the United Nations Asset Management Co., Ltd; and (b) on the United Nations Asset Management Co., Ltd, to the same year;
6. 30. The Defendant transferred the instant loan claims to the Plaintiff, and completed the notification of each transfer of claims to the Defendant.
C. The instant loan claims remain at the rate of KRW 4,520,797 as of March 24, 2017 and damages for delay calculated at the rate of 17% per annum from January 16, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who received the instant loan claim, the amount of KRW 4,520,797, and damages for delay calculated at the rate of 17% per annum from January 16, 2015 to the date of full payment.
Defendant asserts that on December 29, 2014, the instant loan claims were entirely extinguished due to the repayment of the loans, the Plaintiff received dividends of KRW 560,000 from Jincheon District Court B, C, and C to 560,000,000 on real estate owned by the Defendant.
However, comprehensively taking account of the respective descriptions and arguments in the evidence Nos. 5 through 8, the new bank extended KRW 50,000,000 as of June 8, 201, and KRW 154,00,000 as of February 23, 2013, respectively, to the Defendant, in addition to the instant loan claims, as of June 10, 201, the due date for repayment was set as of June 8, 201; and the Plaintiff extended KRW 154,00,000 from the new bank on June 30, 2014, along with the instant loan claims from the new bank on June 10, 201 and each of the loan claims as of February 23, 2012; and the Plaintiff.