양수금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On February 2, 2009, the Defendant entered into a credit transaction agreement with our bank (hereinafter “instant contract”), and the main contents are as follows.
1) Credit subject: Interest rate 2) Interest rate for company-run general loan : Interest rate for change (3.16% of the base interest rate for CD-powered loan 3%: 17% less than three months and 19% per annum for not less than three months;
B. On September 29, 201, Korea Bank transferred its claim under the instant contract to the Plaintiff, and around that time notified the Defendant of the assignment of claim against the Defendant.
C. The Plaintiff received dividends of KRW 285,996,439 as a mortgagee under the instant contract, around September 17, 2012, from the Seoul Western District Court C, and D (Duals) real estate auction conducted with respect to the Seoul Western District Court B apartment No. 302, which is the Defendant-owned.
Since then, the Plaintiff filed a lawsuit of demurrer against distribution (Seoul Western District Court 2012dan42768) against E, which was distributed as a small lessee in the above auction procedure, and received an additional dividend of KRW 2,003,561.
As of January 24, 2017, the claim under the instant contract remains 14,297,096 won in total, including the principal amount of KRW 9,524,335, interest and delay damages, and KRW 4,772,761.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 6, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the claim under the instant contract the amount of KRW 14,297,096 and the principal amount of KRW 9,524,335 among them, the amount calculated at the rate of 17% per annum, which is within the scope of the agreed damages for delay, as sought by the Plaintiff, from January 25, 2017 following the date following the date of the said settlement
B. The defendant's assertion not only did not exercise any right for a period exceeding five years, but also did not hold the right to collateral security regarding the real estate owned by the defendant, and thus, the above real estate is held.