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1. The Defendant shall pay to the Plaintiff the annual amount of KRW 439,191,154 and KRW 241,103,314 from November 8, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 25, 201, Han Bank Co., Ltd. (hereinafter “I Bank”) added 4.84% to the base interest rate of KRW 4776 million to the Defendant, 19% per annum (or 17% per annum if the delay period is less than three months, 19% per annum if the delay period is less than three months), and the due date of payment on May 25, 2012.
(hereinafter “instant loan claim”). (b)
On March 2012, one bank, a joint asset management company, and a limited-liability company specializing in the emulative securitization (hereinafter “the emulative securitization company”), respectively, concluded an asset transfer agreement and a transfer agreement between the Plaintiff and the emulative securitization company around August 2017. Accordingly, the instant loan claims were transferred from one bank to the Plaintiff via the emulative securitization company in sequence, and the fact of the transfer of claims was notified to the Defendant at the time of each transfer of claims.
C. Meanwhile, as a result of November 7, 2017, the following special purpose company was paid KRW 438,169,961, which was paid to the Defendant in the case No.S. branch court No.S. branch court No.S. branch court B, and the remaining principal of the instant loan claim is KRW 241,103,314 as of November 7, 2017, and the outstanding interest amount reaches KRW 198,087,840.
[Reasons for Recognition] Each entry (including each number), the purport of the whole pleading of Gap evidence Nos. 1 through 7
2. According to the facts of the above recognition, the defendant is obligated to pay the plaintiff, the transferee of the loan claim of this case, the remaining principal and interest of 439,191,154 won (=241,103,314 won (the remaining principal)) and damages for delay calculated at the rate of 17% per annum, which is the interest rate of 17% per annum, from November 8, 2017 to the date of full payment, the following day of the above basic date. Thus, the plaintiff's claim shall be accepted for the reasons, and it is so decided as per Disposition.