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1. Defendant A shall pay to the Plaintiff KRW 9,385,026 and KRW 2,543,401, which shall be from September 18, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 26, 2007, Tae River Loans Co., Ltd. (formerly, Pacific Co., Ltd.) determined and lent KRW 10,000,000 to Defendant A for three years of loan, interest rate of 48.96%, overdue interest rate of 48.96%, interest rate of 48.96%, and interest equal repayment.
(hereinafter “instant loans”). (b)
After Defendant A did not repay the principal and interest of the instant loan, Tae River Loans Co., Ltd., on March 28, 2009, Defendant A transferred the instant loan claims to ELC Loans Co., Ltd. and notified the transfer thereof. On June 19, 2014, ELC Loans Co., Ltd. transferred the instant loan claims to the Plaintiff and notified the transfer thereof.
C. Upon the death of the decedent E on May 6, 2010, Defendant A, along with Defendant B and other F, G, H, I, I, and J, who is another heir, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the said decedent would own 766 square meters prior to YYD (hereinafter “instant real property”). D.
Defendant B completed the registration of ownership transfer on July 19, 2010 on the instant real estate on the grounds of inheritance by consultation and division on May 6, 2015, and on the grounds of sale on July 16, 2010, Defendant C, an infant of Defendant A, completed the registration of ownership transfer on the grounds of sale on July 16, 2010, and completed the registration of his/her right to claim ownership transfer on the grounds of a pre-sale agreement on July 16, 2010.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 3, the purport of the whole pleadings
2. According to the purport of the entire pleadings in Gap evidence No. 2 of the judgment as to the claim for the transfer of the instant loan against Defendant A, the Plaintiff’s outstanding principal amounted to KRW 2,543,401 at the time of the transfer of the instant loan, interest in arrears was KRW 6,531,166, and interest in arrears was 310,459 from June 19, 2014 to September 17, 2014 at the time of the transfer of the loan.
According to the above facts of recognition, Defendant A shall provide the Plaintiff with the loans of this case.