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1. The Defendant shall pay to the Plaintiff the annual amount of KRW 73,818,889 and KRW 46,578,275 from November 18, 2016 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in the evidence evidence Nos. 1 through 4, the fact that the Korea Standards Bank established a loan of KRW 54.7 million on August 23, 2012 at the interest rate of KRW 11% per annum (18% per annum per annum) and notified the Defendant of the transfer of the instant loan claim to the Plaintiff on September 20, 2016, when transferring the instant loan claim to the Plaintiff on September 20, 2016. As of November 17, 2016, the fact that the instant loan principal was KRW 46,578,275, with interest rate of KRW 27,240,614 is recognized.
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the sum of the principal and interest of KRW 73,818,889 and the principal of KRW 46,578,275 among them, delay interest rate of KRW 18% per annum from November 18, 2016 to the date of full payment.
As to this, the defendant asserted that the defendant applied for individual rehabilitation procedure commencement around December 2013, but withdrawn the application around May 2016, and therefore, he does not have an obligation to pay interest during the above period. However, even if the defendant applied for a family care, there is no evidence to acknowledge the defendant's individual rehabilitation application itself, and even if the court completes the repayment according to the repayment plan and the court makes the immunity, the exemption takes effect for the total amount of individual rehabilitation obligations other than the amount of the repayment according to the debtor's repayment plan. However, there is no evidence to prove that the defendant completed the repayment according to the repayment plan. Thus, the defendant
3. The plaintiff's claim is justified.