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1. The Defendant shall pay to the Plaintiff KRW 68,517,662 and the interest rate of KRW 20% per annum from May 15, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. On June 20, 2008, New Bank Co., Ltd. lent KRW 29,750,000 (hereinafter “the instant loan”) to the Defendant for the purpose of lending general household funds (house-related loan), including ① KRW 239,80,000 on June 20, 2008, ② KRW 59,950,000 on February 21, 2010, and the instant loan claim was transferred from the said bank to the Plaintiff via a limited liability company specializing in the weather-backed securitization, and around that time, the notice of assignment of credit was issued to the Defendant.
B. On November 19, 2013, the Dongyang Construction Industry Co., Ltd., a joint and several surety for the instant loans, paid KRW 351,15,071 to the Plaintiff as the repayment of the said loans.
The interest, delay damages, etc. accrued until the date of repayment was 119,922,73 won in total. However, New Bank of Korea, Inc. used the aforementioned repayment first to pay the principal among the principal and interest of this case, 51,405,071 won (=351,155,071 won - 299,750,000 won - 68,517,662 won (= 119,922,73 won - 51,405,071 won) to pay interest, etc. and only 68,517,62 won (i.e., 119,922,73 won - 5
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings
2. The allegations and judgment of the parties
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 68,517,662 (in comparison with the order of statutory appropriation for performance, the remainder after appropriation is made to the principal of the instant loan in a way favorable to the Defendant, and the remainder after appropriation of the principal is made to the interest) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from May 15, 2015 to the date of full payment after the original copy of the instant payment order was served on the Defendant.
B. As to this, the Defendant: (a) sold the Defendant’s apartment to a third party after Yangyang Construction Industry Co., Ltd. forfeits down payment paid by the Defendant; and (b) sold the Defendant’s apartment to a new bank on November 19, 2013.