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1. The defendant shall pay to the plaintiff the amount of KRW 136,70,618 and KRW 50,669,639, out of which are paid to the plaintiff, from May 22, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On August 13, 2007, a savings bank Echip Mutual Savings Bank Co., Ltd. (hereinafter “Deposit Bank”) (hereinafter “Deposit Bank”) loaned a loan to the Defendant at the rate of KRW 94 million per annum on August 13, 201, the agreed interest rate of KRW 10.5% per annum, and damages for delay rate of KRW 25% per annum.
B. On August 13, 2007, the Savings Bank completed the registration of creation of mortgage (hereinafter “registration of collateral security”) with respect to Kimpo-si B apartment 203 Dong 402 (hereinafter “instant apartment”) owned by the Defendant, setting the maximum debt amount as KRW 123,00,000, in order to secure the above principal and interest of loan.
C. On May 26, 2010, the Savings Bank received dividends of KRW 43,311,762 as the mortgagee of the right to collateral security (as to the execution court of April 27, 2010, the principal amount of KRW 94,00,000, delay damages amount of KRW 31,622,526) from the Incheon District Court-Support C real estate auction case (hereinafter “auction case”) in which another mortgagee of collateral security interest had conducted a voluntary auction on the apartment of the instant apartment.
On March 22, 2012, the savings bank concluded an asset acquisition agreement with the Plaintiff and the said loan claim amounting to KRW 96,581,370 (principal principal 50,669,639, KRW 639) in favor of the Defendant rather than the method of statutory appropriation for payment of the dividends paid in the auction case, and it may be deemed that the Defendant did not raise any objection, and that an implied agreement was reached. Interest KRW 45,911, KRW 731). The savings bank entrusted the Plaintiff with the notification of the assignment of the dividends.
(Article III, Paragraph 12). (e)
On May 7, 2012, the Plaintiff received the delegation from the savings bank and notified the Defendant that the claim for the principal and interest of loan was transferred from the savings bank to the Plaintiff, and around that time, the Defendant received the notification of the said transfer.
F. As of May 21, 2015, the above loans are KRW 136,70,618 (principal interest of KRW 50,669,639, KRW 86,030,979).
【Ground for recognition” has no dispute, and each entry of Gap 1 to 6 (including virtual numbers) is made.