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1. The Defendant shall pay to the Plaintiff KRW 421,697,019 and interest rate of KRW 25% per annum from January 9, 2014 to the day of complete payment.
Reasons
1. The facts under the recognition of facts may be found to be either in dispute between the parties or in each entry in Gap evidence 1 to 7 (including branch numbers, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings.
On November 30, 2009, Solomon Mutual Savings Bank loaned KRW 573,00,000 to the Defendant at interest rate of 11.7% per annum (i.e., the base interest rate of 5.2% per annum). In the event that the Defendant delays the payment of principal and interest for more than two months, he agreed to impose damages for delay by adding the said interest rate of 13.3% per annum to 25% per annum.
(hereinafter referred to as the “instant loan”) b.
1) On May 2012, Solomon Mutual Savings Bank was suspended due to the bankruptcy of the Plaintiff and thereafter, the instant loan claims were transferred to the Korea Financial Savings Bank around 2012. 2) The Korea Financial Savings Bank transferred the said loan claims to the Korea Asset Management Company on April 4, 2013. On May 2, 2013, the said Company transferred the said loan claims to the Korea Financial Savings Bank (hereinafter “Malomon Mutual Savings Bank”). The said Company transferred the said loan claims to the Korea Financial Savings Bank on May 2, 2013.
3) On the other hand, on January 8, 2014, Ma-1 received dividends of KRW 337,164,800 from the auction procedure (Seoul District Court Dayang Branch B) with respect to real estate provided by the Defendant as security for the instant loan. The dividends are KRW 475,496,694 from January 8, 2014 to the delay damages, execution expenses, and the principal remaining after being appropriated for the partial principal. (c) Ma-1 transferred KRW 471,697,019 out of the instant loan claims to the Plaintiff on February 17, 2015, and notified the Defendant of the transfer thereof on February 2, 2015.
2) Since then, the Plaintiff filed a lawsuit claiming against the Defendant for the payment of the principal amounting to KRW 50 million and damages for delay thereof (this court 2015 Gohap3468). On January 21, 2016, the Plaintiff filed a lawsuit claiming for the payment of KRW 50 million and the Defendant’s payment of KRW 50 million.