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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from July 21, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 8, 2012, the Defendant approved that the General Terms and Conditions for Credit Transactions apply to the Bank, and completed the registration of the establishment of a loan with the maximum debt amount of KRW 50 million,00,000,000 from the Co., Ltd. (hereinafter “C”) as of June 8, 2013 (hereinafter “instant loan”); on the same day, as to the two-story, E, F, and G of the D Building owned by the Defendant as a security for the said loan obligation, the Defendant completed the registration of the establishment of a loan with the maximum debt amount of KRW 780,00,000,000,000,000 from the Co., Ltd. (hereinafter “C”).
After March 31, 2014, the maximum debt amount of the right to collateral security was changed to KRW 552 million.
B. On December 4, 2014, C concluded a contract for the transfer and takeover of assets between H Co., Ltd and I limited liability company, and notified the Defendant of the transfer of the instant loan claims by content-certified mail (hereinafter “the first transfer of claims”) around December 8, 2014. The said limited liability company concluded a contract for the transfer of assets with the Plaintiff on December 14, 2015 and again transferred the instant loan claims to the Plaintiff (hereinafter “the second transfer of claims”) and notified the Defendant of the said transfer by content-certified mail on January 14, 2016.
C. However, as the Defendant did not pay the principal and interest of the instant case properly, C had rendered a voluntary decision to commence the auction on August 8, 2014 by exercising the right to collateral security on the instant secured real estate.
(J) In the above auction case, C reported the claim of the principal and interest of the instant loan amounting to KRW 562,944,465 ( principal amounting to KRW 460,000), as the applicant creditor and the mortgagee, and around October 20, 2015, C was distributed to the International Limited Company that succeeded to the status of C in KRW 314,240,49.
Even if the dividend is partly appropriated for the repayment of the principal and interest of this case, the principal and interest of this case remains unpaid at KRW 248,715,915 as of May 19, 201 and KRW 136,046,355.