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1. The defendant shall pay to the plaintiff KRW 64,385,621 and KRW 37,788,985 among them, per annum from January 9, 2020 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. On August 30, 2016, the Defendant entered into a credit transaction agreement with D Co., Ltd., with a loan amount of KRW 41,400,00,000, and an overdue interest rate of KRW 27.9% per annum. Thereafter, the Defendant delayed payment of loans, interest, etc.; 2) On October 30, 2017, D Co., Ltd. entered into an asset acquisition agreement with the Plaintiff, thereby transferring a loan claim under the said credit transaction agreement (hereinafter “instant claim”).
On November 13, 2017, the Plaintiff notified the Defendant of the assignment of claims by content-certified mail on behalf of the Plaintiff Company D.
3) The amount of the instant claim is KRW 64,385,621 as of January 8, 2020 (i.e., the principal KRW 37,788,985 prior to the assignment of the claim KRW 3,315,102, overdue interest KRW 23,281,534). (iv) The Defendant filed an application for individual rehabilitation with the Suwon District Court 2017da5306, but the said decision of dismissal was finalized on September 12, 2019, while the Defendant was issued a ruling of dismissal on the said application for individual rehabilitation on January 12, 2018.
[Reasons for Recognition] The substantial facts in this Court, Gap evidence Nos. 1 to 4, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 64,385,621 as well as the amount of KRW 37,788,985 as the principal, and the damages for delay calculated at the rate of 27.9% per annum from January 9, 2020 to the date of full payment.
2. The plaintiff's claim of this case is accepted on the ground of the reasons.