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1. The defendant shall pay to the plaintiff KRW 99,317,752 as well as KRW 60,336,836 among them, from February 23, 2019 to the day of full payment.
Reasons
1. Judgment on the plaintiff's claim
A. On April 30, 2012, D Co., Ltd. (hereinafter “D”) made a loan (hereinafter “the instant loan”) to the Defendant on April 30, 2012, setting the lending period of KRW 420 million at 12 months, the lending interest rate of KRW 3.44%, the lending interest rate of KRW 3.4%, the lending interest rate of delay interest rate of KRW 17% per annum.
B) All the principal and interest of the instant loan claims were transferred in sequence from D to E limited liability company on September 30, 2013, from E to E limited liability company on November 12, 2014, from E limited liability company to F limited liability company, and from F limited liability company on February 10, 2015 to the Plaintiff. Each of the above assignment of claims was notified to the Defendant at the time of the assignment of each of the above claims. C) As of February 22, 2019, the instant loan obligations were the principal and interest of KRW 9,317,752 (i.e., principal and interest of KRW 60,36,836, interest of KRW 836,980,916). The remaining interest rate for delay is 14.23% per annum.
[Ground of recognition] According to the above facts, Gap evidence Nos. 1 through 4 (including a provisional number; hereinafter the same shall apply) and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff, the final transferee of the loan of this case, the amount of KRW 99,317,752, and the amount of KRW 60,336,836, calculated at the rate of delay damages per annum 14.23% per annum from February 23, 2019 to the date of full payment, except in extenuating circumstances.
B. The defendant's assertion and judgment are examined since the defendant asserted that the loan claim of this case expired due to the expiration of the statute of limitations.
Unless special circumstances exist, the statute of limitations can be deemed five years with commercial claims. If the purport of the entire pleadings is shown in the statements in the Evidence Nos. 5 and 6, the Defendant, at the time of obtaining the instant loan, shall set the maximum debt amount to D with respect to the land for G factory in Chungcheongnam-do, Chungcheongnam-do, the real estate owned by the Defendant as security, and the building on the ground.