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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The defendant on March 8, 1999
(2) On December 23, 2003, the loan amount of KRW 60 million was partially repaid, including the Defendant’s repayment of KRW 19,808,800 as of May 30, 201, and the interest rate of KRW 6,172,201 and interest and overdue interest rate of KRW 20,216,40 were remaining as of March 30, 201.
3) On June 28, 2013, the non-party credit cooperative transferred the claim for the remaining loan to the Plaintiff. The Plaintiff, upon the delegation by the non-party credit cooperative, notified the Defendant of the above transfer by content-certified mail on August 23, 2014, and around that time, the above mail reached the Defendant. Meanwhile, the overdue interest rate applicable to the above loan after May 31, 2013 is 17% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
B. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff the interest and overdue interest of KRW 26,926,214 (=the principal amount of KRW 6,172,201 up to May 30, 2013; KRW 20,216,40 up to May 30, 2013; KRW 537,573,573 KRW 6,172,201 during the period from May 31, 2013 to December 3, 2013; KRW 17% per annum x 17% per annum x 187 days/365 days; and KRW 6,172,201 from the date of the above final calculation of overdue interest at a rate of 17% per annum under the agreement that the Plaintiff seeks to pay from May 31, 2013 to the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant's assertion 1) The non-party credit cooperative extended a loan of KRW 70 million to C, which is a joint and several surety of the above loan, to the non-party credit cooperative, and thereafter, the non-party credit cooperative applied for an auction on the real estate owned by C to recover the loan to the defendant and the loan to C (the Daegu District Court D, April 2, 2003) (the above real estate was awarded a successful bid on April 2, 2003), and it is the dividend paid during the above auction procedure to C.