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1. The defendant shall pay to the plaintiff KRW 296,915,719 and KRW 162,243,198 among them, from December 12, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 26, 2008, the Defendant received a loan of KRW 8666 million from the bank (interest rate: 1.75% per annum (three months) and the loan period: three years).
B. The above loans were transferred to the Plaintiff on March 30, 2010 in accordance with the asset-backed securitization plan.
C. On December 22, 2010, the Plaintiff collected KRW 945,266,316 (including execution expenses) in Suwon District Court B real estate auction and collected KRW 7,513,560 (including execution expenses) (i.e., KRW 7,461,860), and interest on the said provisional payment and principal of the loan (i.e., KRW 51,70), KRW 233,95,954 (i., KRW 558,90 (= KRW 2,371, KRW 233,434,593), and KRW 703,756,802 out of the said principal of the loan (i.e., KRW 162,243,198 (i., KRW 86,600,703,756,802).
On the other hand, where the overdue interest period exceeds three months, the overdue interest rate shall be 7.1% per annum (at the time when the plaintiff did not submit data on the applicable interest rate, 7.1% per annum, which is the interest rate, at the time of inquiry into the current status of bank transactions in Gap evidence No. 2, which is favorable to the defendant on the record, shall be deemed to be the applicable interest rate) and 19% per annum, which is the higher interest rate between 19% per annum, and 16.1% per annum, which is the lower interest rate between 9% per annum and 16.1% per annum, which shall be added to the above applicable interest rate on December 29, 2011.
E. As of December 11, 2015, the aggregate interest at issue is KRW 134,672,521 [=31,332,939 won calculated by the ratio of 19% per annum from December 23, 2010 to December 28, 2011 (=162,243,198 won} ¡¿ 371/365 days 】 0.19 days 】 0.19 days 】 (if the amount is less than KRW 1,44 days) from December 29, 2011 to December 11, 2015 (1,444 days) 103,339,582 won calculated by the ratio of 16.1% per annum 16.2,24,193,198 to December 28, 201 】 the purport of entering each of the grounds for pleading 】36 days as of December 16, 2014>
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 16.1% per annum from December 12, 2015 to the date of full payment (i.e., 162,243,198 Won 134,672,521) and the principal of the loan (i.e., 162,243,198 Won).