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1. The Defendant shall pay to the Plaintiff KRW 691,290,410 among the Plaintiff and KRW 400,000,000 from February 28, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On September 26, 2012, the Es Savings Bank Co., Ltd. (hereinafter “Es Savings Bank”) was declared bankrupt on September 26, 2012 by the Incheon District Court 2012Hahap9, and the Plaintiff was appointed as the trustee in bankruptcy of Es Savings Bank.
B. On December 27, 2010, B Co., Ltd. (hereinafter “B”) loaned KRW 1,00,000,000 to the Defendant (hereinafter “instant loan”), and thereafter, the Defendant and B concluded a new agreement on loans of KRW 1,00,000,000 on December 27, 201, respectively, with the agreed interest rate of KRW 14% per annum, the agreed interest rate of KRW 39% per annum, and the due date of KRW 26, 2012.
C. On December 29, 2011, AS Savings Bank received the instant loan claims from B to receive its own loan claims against B. On February 10, 2012, the Plaintiff, a bankruptcy trustee of AS Savings Bank, sent the notice of the assignment of claims (hereinafter referred to as “the notice of the assignment of claims”) to the Defendant with content certification, and the said notice of the assignment of claims was delivered to the Defendant on January 10, 2013.
3) On November 9, 2012, before the Defendant’s notice of assignment of the instant claim reaches the Defendant, the Defendant and B, the assignee of the instant claim, taking into account the Defendant’s circumstances and the ability of reimbursement, etc. (hereinafter “instant repayment agreement”).
On January 28, 2013, the Defendant sent to the Plaintiff a written answer to the effect that the Plaintiff would pay to the Plaintiff KRW 400,000,000 each month from January 2013 according to the instant repayment agreement.
Loan amounts of written agreements: 1,000,000,000 won.