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1. The defendant shall pay 2,700,000,000 won to the plaintiff and 21% per annum from January 16, 2012 to the day of full payment.
Reasons
1. Facts of recognition;
A. On November 28, 2008, Busan 2 Savings Bank Co., Ltd. (hereinafter “ Busan 2 Savings Bank”) borrowed 3 billion won at the interest rate of 12% per annum, 21% per annum, 21% per annum, and November 28, 201 due date.
(hereinafter “instant loan”). (b)
As of January 15, 2012, the balance of principal of the instant loan as of January 15, 2012 is KRW 2.7 billion.
C. On June 30, 2010, Busan District Bank transferred the instant loan claims to the Korea Asset Management Corporation. On July 22, 2010, the notice of assignment was sent by content-certified mail, and the above content-certified mail reached the Defendant around that time.
The above assignment contract was cancelled on December 20, 201, and the loan claim of this case was returned to Busan 2 Savings Bank.
E. The Busan District Court was declared bankrupt on March 7, 2012 by Busan District Court Decision 2012Hahap1, and the Plaintiff was appointed as the bankruptcy trustee.
F. On December 27, 2013, the Plaintiff was delegated by the Korea Asset Management Corporation with all authority and actions with respect to the notification of the assignment of claims, and notified the cancellation of the assignment of claims by submitting a written notice of the cancellation of the assignment of claims (Evidence A3) on January 3, 2014 in the instant lawsuit, and the said notification reached the Defendant’s attorney on January 6, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, Gap evidence 6-2, Gap evidence 8, 10, Gap evidence 12-1 and 2, and the purport of the whole pleadings
2. According to the facts of the determination on the cause of the claim, the instant loan was returned to Busan 2 Savings Bank as the first Busan 2 Savings Bank transferred to the Korea Asset Management Corporation. Since the Plaintiff was appointed as the trustee in bankruptcy of Busan 2 Savings Bank, the Plaintiff satisfies the requisite for setting up against the Defendant by receiving delegation from the Korea Asset Management Corporation, the first bondholder, and giving notice of the cancellation of the contract.