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1. As to KRW 272,695,693 and KRW 260,404,051 among the Plaintiff, the Defendant shall be from March 11, 2017 to March 29, 2017.
Reasons
1. Facts of recognition;
A. On July 11, 2012, the National Federation of Fisheries Cooperatives entered into a credit transaction agreement with the Defendant to lend a corporate driving fund at a rate of 674,00,000 won, and the period of the loan, July 10, 2015, and 13.46% per annum, with the Defendant, and set up a collateral security right on the B aggregate building (hereinafter “instant real estate”) owned by the Defendant to secure the said loan.
B. Meanwhile, as of March 10, 2017, the Defendant did not pay interest on the above loan, thereby losing the benefit of the due date. As of March 10, 2017, the principal and interest of the loan amounting to KRW 272,695,693 (i.e., principal and interest of the loan amounting to KRW 260,404,051, 12,29
C. On December 30, 2014, the National Federation of Fisheries Cooperatives transferred the above principal and interest of loans to the Plaintiff pursuant to the Asset-Backed Securitization Act, and notified the Defendant of such transfer.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, the principal amount of KRW 272,695,693 and the principal amount of KRW 260,404,051, which is the day following the date of final separation from March 11, 2017, which is the day of service of the original copy of the payment order until March 29, 2017, to the day of service of the original copy of the payment order, 13.46% per annum, which is the rate of delay damages, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day
B. A summary of the Defendant’s assertion 1) The Defendant is obligated to pay the principal and interest of the loan only within the scope of the collateral of the instant real estate. In addition, the Plaintiff is obligated to pay the principal and interest of the loan remaining after receiving not less than KRW 600,000 from the auction procedure of the said real estate and the principal and interest of the loan does not fall short of the claim amount of this case. Therefore, the Plaintiff’s claim is without merit.