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1. The defendant shall pay to the plaintiff the amount of KRW 163,341,118 as well as KRW 100,000 among them, from August 28, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On July 15, 2010, the Defendant entered into each of the loan agreements with D Co., Ltd. with the amount of KRW 1.2 billion, the loan period of KRW 3.16%, the loan interest rate of KRW 21% per annum (hereinafter “first loan”), the loan amount of KRW 150 million on July 15, 2013, the loan amount of KRW 150 million, the loan period of KRW 10 million, the loan interest rate of KRW 13% per annum, the loan interest rate of KRW 18% per annum (hereinafter “second loan”).
B. Each of the above loans was assigned in sequence from Co., Ltd. to E limited company and Plaintiff, and each of the assignment was sent to the Defendant by content-certified mail.
C. As of August 27, 2018, the first loan obligation is the principal of KRW 76,351,200, interest of KRW 41,956,215, total of KRW 118,307,415, and the second loan obligation is the principal of KRW 148,749,434, interest of KRW 82,965,506, total of KRW 231,714,940.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of claim, barring any special circumstance upon the Plaintiff’s explicit claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 163,341,118 (i.e., the principal and interest on the second loan obligation of KRW 55,102,921, the principal and interest on the second loan obligation of KRW 108,238,197), and KRW 100 million among them (i.e., the principal and interest on the first loan obligation of KRW 33,918,696, the principal and interest on the second loan obligation of KRW 66,081,304), and damages for delay calculated by the rate of KRW 18% per annum from August 28, 2018 to the date of full payment.
B. On February 28, 2012, the Defendant asserts that the Defendant did not have an obligation to repay the instant loan obligations, as it transferred the instant loan obligations to F Co., Ltd. on February 28, 2012.
According to the evidence No. 2, G Co., Ltd., the Defendant’s representative director, entered into a business comprehensive acquisition agreement between F Co., Ltd. on February 27, 2012, and F Co., Ltd., the Defendant’s debt of the instant loan.