beta
Text
1. Defendant A shall pay KRW 12,252,562 and KRW 7,813,390 among them, 28% per annum from August 26, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On December 13, 2013, the Plaintiff: (a) transferred the claim for loans to Defendant A from Korea Standards Bank (hereinafter “SP”); (b) filed an application for a payment order with the Plaintiff seeking payment of damages for delay calculated at the rate of 18% per annum from January 21, 2014 to the delivery date of the original copy of the payment order; (c) on January 24, 2014, the Plaintiff issued the payment order with the same payment order as the said application on February 6, 2014, to the Defendant A on the aggregate of KRW 6,486,145, and the principal amount of KRW 4,085,786,829,157, and the payment order became final and conclusive on February 21, 2014.
In addition, on January 23, 2014, the Plaintiff transferred the credit card delayed payment amount of KRW 7,813,390 from the non-party bank to Defendant A, and notified the above Defendant of the assignment of credit.
B. The amount of the principal and interest of a loan determined upon the payment order is KRW 8,382,535 (total principal + KRW 5,914,943 + interest, delay damages + KRW 2,451,92 + expenses for demand procedure + KRW 15,600) as of August 25, 2015. The amount of the credit card delayed payment is KRW 12,252,562 (total principal + interest KRW 7,813,390 + delay damages + interest KRW 4,439,172) as of August 25, 2015.
C. On August 23, 2013, Defendant A entered into a sales contract with Defendant B on the real estate listed in the separate sheet, the only property of Defendant A (hereinafter “instant real estate”), and completed the registration of ownership transfer in the future of Defendant B on the same day.
Defendant A is the husband of the female mother of Defendant B. D.
On March 10, 201, the instant real estate was established by Seo Chang Chang Agricultural Cooperative (hereinafter “Non-Party Agricultural Cooperative”), Defendant A, and the maximum debt amount of 250,3200,000 won (hereinafter “the instant mortgage”). However, the instant real estate was established after the instant contract was concluded.