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1. Defendant A shall pay 57,702,414 won to the Plaintiff and 25% per annum from July 23, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant A
A. The fact of recognition (1) on December 2, 2009, Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) set the amount of KRW 170,000,000 to Defendant A on December 2, 2009 as the rate of KRW 10.4% per annum on December 2, 2012, and the overdue interest rate of KRW 25% per annum.
(2) On September 6, 2012, the solomon transferred the instant loan claim to the Korea Financial Savings Bank (hereinafter “Korea Finance Bank”) pursuant to the Financial Services Commission’s decision on the Structural Improvement of the Financial Industry. Around that time, the said decision on the transfer of loan claim was publicly announced in newspapers pursuant to Articles 14(2), 14-2(2), 24-2(2), 3, and (4) of the Act on the Structural Improvement of the Financial Industry, and Articles 24-1 and 24-12 of the Mutual Savings Banks Act.
(3) On July 11, 2013, our financial company transferred the instant loan claims to Maston based on the asset acquisition agreement. On July 31, 2013, our financial company notified the Defendant A of the fact that our financial company transferred the instant loan claims to Maston under the contract to transfer the status of the contractor of the instant asset acquisition agreement to Maston on July 31, 2013.
(4) At the time the Plaintiff received the instant loan claim from Maston on February 24, 2014, the principal amount was KRW 159,30,000, and the overdue interest accrued until February 23, 2014 was KRW 63,538,304, and the overdue interest accrued until July 22, 2014 was KRW 55,864,110.
(5) On the other hand, on July 22, 2015, the Plaintiff and the Plaintiff transferred part of the instant loan claims to the private savings bank, together with the private savings bank, at the voluntary auction procedure conducted with respect to the real estate owned by Defendant B, which is the property pledged to secure another’s property on the instant loan claims.