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1. The Defendant shall pay to the Plaintiff KRW 33,656,140 and the interest rate of KRW 15% per annum from April 28, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On November 18, 2010, the Plaintiff filed an application with Nonparty B for a payment order of indemnity amount with the Seoul Central District Court 2010 tea172956, and on November 18, 2010, the Plaintiff received an order from the above court to pay the Plaintiff KRW 17,438,170 as annual interest rate of 19% from November 10 to November 26, 2010, and KRW 20% as from the next day to the date of full payment. The said payment order was finalized on December 11, 2010.
B. On March 30, 2005, the Defendant: (a) concluded a loan agreement with interest rate of KRW 247,000,000 on a rate of 2% per annum (hereinafter “instant loan agreement”); (b) filed an application for the payment order of the loan claim against B on April 30, 2010 with the Gwangju District Court Naju District Court 2010 tea290; and (c) on May 10, 2010, the Defendant received the payment order (hereinafter “instant payment order”) stating that “B shall pay to the Defendant the amount calculated at the rate of 20% per annum from May 14, 2010 to the date of full payment; and (d) the said payment order became final and conclusive on May 28, 2010.
C. On July 19, 2010, the Defendant, upon the instant payment order, was issued an order for the seizure and assignment of claims for benefits, etc. to B and B to the National Pension Service as the obligor B and the third obligor National Pension Service, with the Gwangju District Court Decision 2010 Ta14540, and the said order was served on the National Pension Service on July 22, 2010, and became final and conclusive on August 14, 2010.
After that, the Defendant received total of KRW 174,370,019 from August 201 to November 2015 based on the above assignment order from the National Pension Service.
On December 31, 2010, the Plaintiff issued a payment order (Seoul Central District Court 2010Kadan172956), which was issued on December 31, 2010, and as the debtor B and the third debtor National Pension Service (Seoul Central District Court 2010Kadan87306).