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1. As to KRW 235,085,750 and KRW 89,747,963 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 15, 2019 to October 6, 2019.
Reasons
1. Facts of recognition;
A. On November 29, 2006, E Bank lent KRW 75,000,000 and KRW 82,200,000 on April 19, 2007 to the Defendant for each company’s general fund (hereinafter “instant loan claim”).
B. On September 29, 2009, E Bank transferred the instant loan claims to the Korea Asset Management Corporation, and the Korea Asset Management Corporation transferred the said loan claims to F Co., Ltd. on October 24, 2014. On November 27, 2015, the Plaintiff was transferred from F Co., Ltd. the total sum of the principal and interest of the loan claims (=the principal amount of KRW 89,747,963 overdue interest of KRW 130,215,870).
C. The instant loan claims amounting to KRW 235,085,750 (i.e., the principal amount of KRW 89,747,963 overdue interest amounting to KRW 145,337,787) as of March 14, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 6 (including paper numbers), the purport of the whole pleadings
2. The Defendant’s judgment on the Defendant’s principal defense was dissolved on May 15, 2009, and completed liquidation on December 23, 2011, the instant lawsuit was asserted to the effect that it was illegal against a person who has no capacity to be a party. However, even if the registration for the completion of liquidation of a corporation was completed, it is within the scope of the liquidation affairs unless the liquidation affairs are completed (see, e.g., Supreme Court Decision 97Da3408, Apr. 22, 1997). The Defendant’s above assertion is without merit.
3. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 235,085,750 won in total, and 89,747,963 won in principal of the loan claim of this case from March 15, 2019 to October 6, 2019, which is the delivery date of a duplicate of the complaint of this case, 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
As to this, the defendant received the reduction of the loan claim of this case from the plaintiff around January 2017, and repaid all of them to the plaintiff.