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1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from December 8, 2017 to the date of full payment.
Reasons
1. Facts below the basis of facts may be acknowledged either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 3 together with the whole purport of the pleadings.
On July 16, 2014, with respect to the debt of KRW 150 million owed to Nonparty C, the Defendant agreed on August 15, 2014 with the due date for reimbursement of KRW 50 million, and agreed on KRW 100 million with respect to the remainder of KRW 100 million without the due date set for the remainder of KRW 100,000,000. However, the Defendant agreed to set the right to collateral security of KRW 100,000,000 on the land other than
B. On November 6, 2017, C transferred to the Plaintiff the claim amounting to KRW 150 million against the Defendant, and at that time notified the Defendant of the assignment of the claim.
2. According to the allegations and the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from December 8, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
As to this, the defendant did not dispute that C had a claim of KRW 50,000 against the defendant according to the Gap's certificate of loan loan No. 1, but it is insufficient to recognize that C had a claim of KRW 100,000 against the defendant only with the above evidence No. 1.
However, if the above Gap evidence No. 1 contains the purport of Gap evidence No. 2 and the whole argument, it can be sufficiently recognized that Eul has a total of KRW 1,50 million against the defendant, and the defendant's above assertion is not acceptable.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.