beta
Text
1. The defendant shall pay to the plaintiff the amount of KRW 94,834,365 and KRW 32,324,079 from November 15, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendant was liable for each loan transaction agreement with creditor financial institutions, such as B card, C Bank, D Capital, E Bank, F Guarantee Insurance, G Card, etc.
B. On July 2, 2004, H Co., Ltd. loaned KRW 34,039,045 to the Defendant for the purpose of repaying the principal of loans to each of the above creditor financial institutions at an annual interest rate of KRW 6% per annum, annual interest rate of delayed compensation (in the case of overdue payment and loss of interest due to the due date), and by equal installment repayment method of principal repayment method.
(c)
As the Defendant lost the benefit of time due to his failure to implement the repayment plan, H Co., Ltd. filed a lawsuit against the Defendant for a loan claim against the Seoul Central District Court 2009 Ghana 405548. On December 29, 2009, the above court sentenced H Co., Ltd. to the judgment that “The Defendant shall pay to H Co., Ltd. the amount of KRW 45,213,286 and the amount of KRW 32,324,079 calculated at the rate of 17% per annum from August 11, 2009 to the date of full payment,” and the above judgment became final and conclusive on January 21, 2010.
(d)
H A. On January 26, 2018, a corporation transferred to the Plaintiff a loan claim against the Defendant (hereinafter “instant claim”) according to the above judgment against the Defendant. On May 3, 2018, the Plaintiff notified the Defendant of the transfer of the claim by content-certified mail.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. The facts that the Plaintiff applied for the instant payment order on December 24, 2019, when the ten-year prescription period for the extinguishment of the instant claim was imminent. As such, the instant lawsuit may be recognized as a re-litigation for the interruption of prescription (see Supreme Court Decision 2018Da22008, Jul. 19, 2018). According to the above facts of recognition, the Defendant’s claim against the Plaintiff within the scope of the said judgment amount is calculated annually by 15% from November 1, 2017 to May 31, 2019, from June 1, 2019 to November 14, 2019.