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1. The defendant shall pay to the plaintiff KRW 345,052,995 and KRW 161,102,526 from January 16, 2019 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) C Group (hereinafter “D”) was changed to a company division on March 2, 2012.
“E” can only be called “E” before and after the amendment.
On December 27, 2001, the Defendant granted a loan with the interest rate of KRW 100 million as 9.5% per annum, 18% per annum, and 27 December 2002. After the due date, the due date has been extended several times. On December 27, 2012, the due date was finally extended on December 27, 2013, and the interest rate has been extended on December 27, 201, at the fixed rate of 2.21% per annum, and the overdue interest rate was changed to 12% per annum, respectively. 2) the Defendant made a loan with the interest rate of KRW 50 million per annum 8.75% per annum, 15% per annum, 15% per annum, and 204.
Since the due date has been extended several times, and the due date of July 4, 201 has been finally extended on July 2, 2013, applying the fluctuation rate (5.01% of the new COFX standard rate during the month) on the interest rate after the due date has been extended on July 2, 2013 (Provided, That there is no change in the interest rate in arrears).
3) On June 17, 2008, E extended a loan with interest rate of KRW 200 million (2.2%) interest rate, 12% per annum, and due date for payment on June 17, 2013. 4) E transferred each of the above loan claims against the Defendant against the F Limited Liability Company (hereinafter “Non-Party Company”) on June 27, 2013, and notified the Defendant of the said assignment of credit on July 1, 2013.
5) On September 28, 2018, Nonparty Company transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on October 26, 2018. 6) The present status of principal and interest as of January 15, 2019 of the instant loan claims is as listed below.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is the final transferee of the instant loan claim, barring special circumstances.