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1. The Defendant shall pay to the Plaintiff KRW 437,816,60 and KRW 358,669,191 among the Plaintiff’s KRW 437,816,60 from March 15, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 24, 201, the Defendant borrowed KRW 900,000,00 from the Industrial Bank of Korea until October 24, 2012 due date for repayment of KRW 900,000,000,00 from the Industrial Bank of Korea; KRW 3.38% of the interest rate in March; the interest rate in arrears plus the additional interest rate in the credit interest rate; KRW 14% per annum if the interest rate is less than 14% per annum; KRW 21% per annum if the interest rate in arrears exceeds 21% per annum; KRW 8% per annum if the delay period is less than one month, 9% per annum if the delay period is more than three months, and 10% per annum if the delay period is more than three months.
B. On November 27, 2012, the Industrial Bank of Korea transferred the loan claims against the Defendant under the above monetary loan (hereinafter “instant loan claims”) to C according to an asset transfer agreement entered into with C (hereinafter “C”) established under the law of Japan, and the said asset transfer agreement entered into with C as a limited liability company (hereinafter “D”) with the consent of the Industrial Bank of Korea on December 21, 2012, the instant loan claims were also transferred to D.
After November 6, 2015, the Plaintiff entered into an asset acquisition agreement with D and acquired the instant claim in D. On December 15, 2015, the Industrial Bank of Korea and D sent to the Defendant content-certified mail stating the fact of orderly transfer of the instant claim.
C. As of February 24, 2017, the unpaid balance of the instant claim is KRW 358,669,191, interest and expenses KRW 79,147,409, in total, KRW 437,816,60.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from March 15, 2017 to the date of full payment, which is the date of service of the original copy of the instant payment order, with respect to KRW 437,816,60, which is the sum of the principal and interest of the instant claim and KRW 358,669,191, which is the sum of the principal and interest of the instant claim.