beta
Text
1. The Defendant’s KRW 61,75,473 as well as the Plaintiff’s KRW 20% per annum from May 15, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. B was sold in lots from the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) on March 1, 2008 at KRW 521,50,000, and KRW 1204, and KRW 1204, and KRW 521,500,000 (hereinafter “instant apartment sale contract”) as a loan from a new bank (hereinafter “new bank”) for the payment of the intermediate payment, and was granted a loan from the new bank (hereinafter “the instant loan”).
B. Meanwhile, on November 29, 2010, the Defendant assumed the instant loan obligations against the said bank.
C. The instant loan claims were transferred from the said bank to the Plaintiff on December 30, 2013 via a limited liability company specializing in the C&C securitization, and around that time, a notice of assignment of claims was issued to the Defendant.
On January 8, 2014, the apartment sale contract of this case was cancelled, and the Dongyang Construction Industry, a joint and several surety for the loan obligation of this case, received 307,417,106 won after selling the above apartment to a third party in order to repay the above loan obligation to the Plaintiff.
The Plaintiff appropriated the principal amount of KRW 260,750,000, and appropriated the remainder of KRW 46,667,106 (i.e., KRW 307,417,106 - KRW 260,750,000) for the portion of KRW 108,422,579, including interest and delay damages.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, the purport of whole pleadings
2. Judgment on the parties' arguments
A. According to the facts established prior to the determination as to the cause of the claim, the Defendant: (a) KRW 61,755,473 (=108,422,579; KRW 46,67,106, which is favorable to the Defendant in comparison with the order of statutory appropriation for performance; and (b) the remainder after appropriation for payment of interest, etc. is delivered to the Defendant on the following day when the original copy of the instant payment order was served on the Defendant.