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1. The Defendant’s annual interest in KRW 87,984,887 and KRW 49,987,680 among the Plaintiff, from September 5, 2009 to February 1, 2013.
Reasons
1. Basic facts
A. On August 14, 2000, the National Bank Co., Ltd. (hereinafter “National Bank”) loaned KRW 50,000,000 to the Defendant on August 14, 200 (hereinafter “instant loan”).
B. On June 29, 2006, the National Bank transferred the instant loan claim to a limited-liability company specializing in the K non-sale securitization, and on October 15, 2009, the limited-liability company specializing in the K non-sale securitization transferred the claim to the Plaintiff. Each transferor notified the Defendant of the transfer of the claim at the time of the transfer of the claim.
The defendant lost the benefit of time.
C. As of September 4, 2009, the Defendant’s principal amounting to KRW 87,984,887 (= principal amounting to KRW 49,987,680 in overdue interest amounting to KRW 37,997,207). The overdue interest rate is 19% per annum.
[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 2, 3, 5, 6, 10, 11, 14, 15, and 16, and the purport of the whole pleadings
2. According to the facts prior to the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of the instant loan amount of KRW 87,984,887 as well as KRW 49,987,680 as the principal and interest of KRW 49,987,680 as the principal, from September 5, 2009 to February 1, 2013, which is the delivery date of a copy of the instant complaint, the agreed interest rate of KRW 19% per annum, and delay damages at the rate of KRW 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of
3. Judgment on the assertion by the Defendant and the Intervenor joining the Defendant
A. The Defendant’s assertion ① The instant loan was received by the Defendant upon the Defendant’s request, and the loan received by the Defendant was also used by the Defendant’s Intervenor. The Defendant is not a debtor of the instant loan contract because the Defendant was aware of this fact at the time of the instant loan contract.
② Since the Plaintiff, the Defendant, and the Intervenor agreed to reduce the principal and interest of this case to KRW 65,00,000, around October 2010, the Plaintiff and the Intervenor joining the Defendant constituted the part in excess of the above amount.