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1. The defendant shall pay to the plaintiff the amount of KRW 146,610,393 as well as KRW 40,408,731 from June 27, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. On May 13, 2005, a desired baby-backed securitization specialized company (hereinafter “Nonindicted Company”) acquired each credit card, card theory, and small credit loan claim against the Defendant from LG card, Samsung Card, foreign exchange bank, and Hyundai Capital (hereinafter “instant claim”), and on June 16, 2005, a notice of assignment of claims under Article 7 of the Asset-Backed Securitization Act was issued to the Defendant by content-certified mail.
B. On May 9, 2008, the non-party company applied for a payment order against the defendant under the Changwon District Court Decision 2008Guj1183, and on May 16, 2008, the defendant received an order to pay to the non-party company the amount of KRW 78,191,218 and KRW 40,408,731 which is calculated at the rate of 17% per annum from May 9, 2008 to the date of full payment. The above payment order was served to the defendant on June 16, 2008, and was finalized on July 1, 2008.
C. On January 26, 2018, the non-party company transferred the instant bonds to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On behalf of the non-party company, the Plaintiff sent a written notice of assignment of claims to the Defendant by content-certified mail.
As of June 26, 2018, the instant claim amounting to KRW 40,408,731 as principal, KRW 106,201,662 as of June 26, 201, KRW 146,610,393 in total.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum to the Plaintiff who acquired the claim of this case within the scope of the above 146,610,393 won and the principal amount of 40,408,731 won from June 27, 2018 to the date of full payment.
3. Judgment on the defendant's assertion