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1. All appeals filed by the defendant and the defendant assistant intervenor are dismissed.
2. The costs of appeal are assessed against the Defendant and the Intervenor joining the Defendant.
Reasons
1. Facts of recognition;
A. On August 14, 200, the National Bank Co., Ltd. (hereinafter “National Bank”) concluded a loan transaction agreement with the Defendant on a loan limit of KRW 50,000,000 per annum, interest rate of KRW 10.8% per annum, and August 14, 2001 (hereinafter “instant loan agreement”) and paid KRW 50,000,000 on the same day.
At the time, when the Defendant lost the benefit of time due to the Defendant’s failure to perform his obligation on the expiration date of the lending period, the Defendant determined to pay the balance of the loan within the scope of interest determined by the National Bank.
B. Since then, the Defendant did not pay the principal and interest of the loan of this case and lost the benefit of time.
C. On June 29, 2006, the National Bank transferred the instant loan claim to a limited-liability company specialized in the KB-backed securitization, which is a special purpose company established pursuant to the Asset-Backed Securitization Act. On October 15, 2009, a limited-liability company specialized in the KB-backed securitization transferred the claim to the Plaintiff who engages in the major business of managing and operating securitized assets. Each transferor notified the Defendant of the transfer of the claim at the time of the transfer of the claim.
Meanwhile, as of September 4, 2009, the Defendant’s principal amounted to KRW 87,984,887 (i.e., principal amounting to KRW 49,987,680 in overdue interest of KRW 37,997,207). The interest rate set by the National Bank as to delay damages is 19% per annum.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6, 10, 11, 14 through 16, the purport of the whole pleadings
2. The assertion and judgment
A. The parties' assertion (1) The plaintiff asserts that the defendant is obligated to pay the principal and interest of loan and damages for delay to the plaintiff who is the transferee of the loan claim of this case. (2) The defendant and the defendant's assistant intervenor received the loan of this case upon the request of the defendant's assistant intervenor.