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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. A. Around March 20, 2003, the Defendant entered into a loan agreement with B and C Bank around February 17, 2005, and with D-based Limited Company on the date, and lost the benefit of time due to the Defendant’s failure to repay each of the above loans (hereinafter referred to as “each of the loans of this case”) and each of the above loans in accordance with the agreement.
B. On June 21, 2013, each of the above financial institutions transferred each of the instant loans to E (hereinafter “E”), and upon delegation of the power to notify the assignment of claims from each of the above financial institutions, E sent the notice of the assignment of claims to the Defendant by content-certified mail on June 23, 2014, and around that time the said notice reached the Defendant.
C. On January 26, 2018, E transferred the claim for each of the instant loans to the Plaintiff, and the Plaintiff, upon delegation of the power to notify the assignment of claims from E, sent the notice of the assignment of claims to the Defendant by content-certified mail on April 19, 2018, and around that time, the said notice reached the Defendant.
The remaining details of principal and interest of each of the loans of this case as of December 20, 2018 are as follows, and the overdue interest rate on each of the loans of this case is 15% per annum.
B CD [Ground of recognition] Unstrifed, entry in Gap evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate, from December 21, 2018 to the day of full payment, with respect to the total amount of KRW 46,981,958 of the principal and interest of each of the loans of this case and the principal amount of KRW 19,097,608 among them.
B. As to the Defendant’s assertion, the Defendant filed an application for the instant payment order after the lapse of five years from September 10, 2013, when the first claim for each of the instant loans was transferred, or after the lapse of five years from September 10, 2013, the Defendant transferred the repayment repayment pursuant to the debt approval and conciliation agreement.