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1. The Defendant shall pay to the Plaintiff the annual amount of KRW 502,488,953 as well as KRW 259,203,912 from September 12, 2015 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The defendant on July 26, 2007, the non-party Han Bank Co., Ltd. (hereinafter " Han Bank").
(i)A loan agreement was entered into between the lending limit and 270,000,000, the lending period is three years, the interest rate is 1.96%, the interest rate is 1.96%, the interest rate is less than three months, the interest rate is 17% per annum for less than three months, and the interest rate is 19% per annum for not less than three months (i.e., a bank's claim for loans of this case).
2) On June 27, 2008, the transferee of the date is the non-party 1 company specializing in the 2000 U.S. S. S. S. (hereinafter “Korea Asset-Backed Specialized
(2) On September 30, 2011, Plaintiff 2, on November 27, 201, transferred the instant loan claims to Nonparty Cable Partners Limited, in sequential order as follows. Each transferor of claims notified the Defendant of the assignment of claims around the date of the assignment of claims.
3) Meanwhile, on October 4, 2010, on the date of distribution of the real estate auction case B with the Busan District Court (hereinafter “instant date of distribution”).
In the instant loan claims, dividends was received as follows. The amount of principal KRW 131,150,822, the maximum debt amount of KRW 390,354,734, the amount of KRW 63,513.60,000, the dividend amount of KRW 63,513.875, and KRW 19.60,041 as of September 11, 2015 remains the principal amount of KRW 259,203,912, interest and delay damages, and KRW 243,285,041.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, and 6 evidence (including branch numbers), the purport of the whole pleadings
B. Therefore, the Defendant is obligated to pay damages for delay calculated at the agreed rate of 19% per annum from September 12, 2015 to the date following the calculation date of interest and delay damages on the principal amount of KRW 259,203,285,041 as of September 11, 2015, except in extenuating circumstances to the Plaintiff, the final transferee of the instant loan claim, and KRW 502,48,953 (principal principal KRW 259,203,912, and KRW 243,285,041).