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1. The defendant shall pay to the plaintiff the amount of KRW 65,892,213 and KRW 25,651,556 among them, from November 24, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On March 21, 2008, Korea Standards Bank Co., Ltd. granted a loan of KRW 50 million to the Defendant at interest rate of KRW 2.8% per three-month CD interest rate, and damages for delay rate of KRW 22% or 25% per annum; hereinafter “the instant loan”).
(B) After that, the Defendant lost the benefit of time by delaying the payment of the instant loan obligations. (B) On July 24, 2014, the said bank transferred the instant loan claims to the Plaintiff and notified the Defendant of the assignment of claims on August 8, 2014. (c) The instant loan obligations are KRW 65,892,213 (the principal amount of the loan is KRW 25,651,556) as of November 23, 2015. [The fact that there is no ground for dispute over the recognition, the entries in subparagraphs 1 through 4, and the purport of the entire pleadings.]
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff who acquired the instant loan claim of this case the amount of KRW 65,892,213 as principal and interest of the loan and KRW 25,651,556 as principal and interest of KRW 25,651,56 as of the following day of the above base date to the date of full payment.
B. As to the judgment on the defendant's defense, the defendant asserts to the purport that the plaintiff's claim is unjustifiable, since the Korean SPS Bank, which received the payment of money near principal through the auction of apartment owned by the defendant, decided to compensate for losses (exemption).
However, there is no evidence to acknowledge that the above bank exempted the Defendant from the instant loan obligation, and the Defendant’s defense cannot be accepted.
3. Accordingly, the plaintiff's claim is reasonable and acceptable.