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1. The defendant shall pay to the plaintiff KRW 135,582,064 as well as KRW 42,29,240 among them, from February 2, 2015 to the day of full payment.
Reasons
1. Determination as to the cause of claim
(a) The following facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 3, and 6, together with the purport of the entire pleadings:
1) Do Private Savings Bank Co., Ltd. (hereinafter “Do Private Savings Bank”)
On June 19, 2009, KRW 140,000 to the Defendant was due and payable on June 19, 2010 (after that, the due date was extended on June 19, 2011).
) The agreement was set at 10% per annum and 20% per annum on overdue interest, respectively (hereinafter “instant loan”).
(2) On August 26, 2011, the Financial Services Commission decided to transfer part of the assets and liabilities of the Do resident savings bank to the Plaintiff pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry. Accordingly, the instant loan claims against the Defendant of the Do resident savings bank were transferred to the Plaintiff.
3) As of February 1, 2015, the principal amount of the instant loan claim is KRW 42,29,240, and the overdue interest is KRW 93,282,824. B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 20% per annum, which is the agreed interest rate from February 2, 2015 to the date of full payment, as of February 1, 2015, totaling KRW 135,582,064 (i.e., the principal amount of the instant loan claim (i., the interest rate of KRW 42,29,240) and interest interest rate of KRW 93,282,824 and interest rate of KRW 42,29,240 among them.
2. Judgment on the defendant's defense
A. The defendant set up a defense to the effect that "B, a joint guarantor of the loan contract of this case, provided two and six parcels to the plaintiff as collateral. The above land was accepted, and the compensation was deposited, and the defendant raised the compensation amount by filing a lawsuit to increase the compensation amount. The Do Private Savings Bank received the compensation as a subrogation and appropriated all the defendant's obligations, and therefore the defendant repaid all the loan obligations of this case."
B. The evidence adopted earlier, the evidence adopted earlier, and Gap.