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The defendant's KRW 64,60,568 and KRW 35,46,422 among the plaintiff's KRW 17% per annum from April 5, 2019 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).
(2) On June 3, 2009, the Defendant entered into a credit transaction agreement with the Defendant on June 14, 2000,000 won (the agreed interest rate: 6.78% per annum, and the delayed interest rate: 16% per annum to the minimum of 19% per annum, and 9% per annum to the agreed interest rate in arrears, and 2% per annum when the period exceeds three months in arrears), 30 million won on May 25, 2012 (the agreed interest rate: 10% per annum; 7% per annum per annum when the overdue interest rate exceeds three months in arrears), and C loaned each of the above amounts to the Defendant on September 25, 2013 (hereinafter “non-party company”) to the Defendant, and notified the Defendant of the assignment of the claim to the Defendant on March 3, 2015; and thereafter, C transferred the claim to the Defendant on September 25, 2013.
3) As of April 4, 2019, the principal and interest of the Plaintiff’s credit against the Defendant amounting to KRW 35,46,422 (=5,46,422 on June 3, 2009) (i.e., KRW 30,00,000 on loans of June 3, 2012) and interest KRW 29,194,146 (i.e., interest on loans of June 3, 2009: KRW 4,364,831 on loans of KRW 24,829,315 on loans of June 31, 2012); (ii) KRW 64,660,568 on a sum of interest on loans of May 31, 2012; (iii) the fact that there is no dispute over the grounds for recognition; (iv) the purport of the court’s reply to the fact-finding as to each of subparagraphs 1 through 12 (A).
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum with respect to KRW 64,660,568 and the principal of KRW 35,46,422, which is the day following the base date, within the scope of the agreed interest rate from April 5, 2019 to the day of full payment, barring special circumstances.
2. Judgment on the defendant's assertion
A. The defendant is based on the right to collateral security established under the Songpa-gu Seoul E Apartment F, Songpa-gu.