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1. The defendant shall pay to the plaintiff KRW 50,000,000 as well as 17% per annum from April 28, 2005 to October 29, 2005.
Reasons
1. Facts of recognition;
A. On May 4, 1993, Japan Bank concluded a credit limit transaction agreement with the defendant and executed the loan to the defendant over ten times. The defendant's unpaid obligation is the principal amount of KRW 204,592,601 and interest KRW 378,546,70 as of April 27, 2005.
The details shall be as shown in the attached Table.
B. On December 28, 2000, Japan Bank transferred the above bonds to the Korea Asset Management Corporation, and the Korea Asset Management Corporation transferred the above bonds to the Korea Asset Management Corporation.
C. The Korea Asset Management Corporation brought a lawsuit against the Defendant with Seoul Central District Court 2005Gahap65321, and on December 15, 2005, the judgment was rendered that “the Defendant shall pay to the Plaintiff 583,139,371 won and 204,592,601 won, whichever is the agreed interest rate of 17% per annum from April 28, 2005 to October 29, 2005, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment,” and became final and conclusive around that time.
On September 18, 2012, the Korea Asset Management Corporation (Korea Asset Management Corporation) transferred the above claims to the Plaintiff (Korea Asset Management Corporation prior to the change) and notified the Defendant of the transfer of claims on October 19, 2012 by the Plaintiff delegated the notification of transfer.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay the amount recognized in the above judgment to the plaintiff who is the transferee of the claim.
The plaintiff filed a lawsuit for the extension of extinctive prescription and claimed for the payment of KRW 50 million, which is part of the principal of the loan set forth in the attached Table 8. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 50 million and the damages for delay calculated at the rate of 17% per annum from April 28, 2005 to October 29, 2005 and 20% per annum from the next day to the date of full payment.
3. Conclusion, the plaintiff's claim is justified.