양수금
1. The Defendant’s KRW 100,000,000 as well as 15% per annum from March 13, 2019 to May 31, 2019 to the Plaintiff.
1. Facts of recognition;
A. 1) On February 3, 2010, the Defendant entered into a credit transaction agreement with D Bank on a loan of general capital in the subject of credit, credit amount of KRW 360,000,000, and February 3, 2011, with the transaction term of KRW 16% per annum, 19% per annum, and 360,000,000 per annum, and received a loan (hereinafter “first loan”).
(2) On November 21, 2011, the Defendant entered into a credit transaction agreement with the D Bank on November 21, 201, with the following: (a) the comprehensive passbook loan for the subject of credit; (b) the amount of credit extended to KRW 30,000,000; and (c) the agreed date of November 21, 2012 (which was postponed to November 21, 2013); and (d) the interest rate fluctuation rate of KRW 30,00,000.
(hereinafter referred to as “second loan”). (b)
D Bank applied for the auction of real estate rent as of May 19, 2015, with the claim amount of Yongsan-gu Seoul Metropolitan Government E-gu and its ground houses owned by the Defendant as “399,024,007 won and interest interest amount of KRW 385,986,951 (i.e., principal amount of loans 10,000,000 won)” (i.e., principal amount of loans 360,000,000 won and interest amount of KRW 25,986,951), and was decided to commence the auction of real estate rent as of May 19, 2015.
C. Each claim for the above loans against the Defendant of the D Bank against the Defendant of the D Bank, via G Co., Ltd., on or around June 26, 2015, is referred to as “non-party company below H limited liability company.”
A) Around June 8, 2016, the claim amount against the Defendant was transferred to the above auction court (as of June 28, 2016), and around 453,938,165 won (i.e., principal amount of KRW 385,986,951; KRW 62,934,119; KRW 5,017,095.
On June 28, 2016, the above auction court prepared a distribution schedule that distributes the amount of KRW 327,965,038 to the non-party company, and the non-party company received the said amount of money.
E. On October 15, 2018, the Plaintiff received each of the above claims from the non-party company against the Defendant. The principal of the first loan is KRW 91,251,717, and the principal of the second loan is KRW 25,986,951, in total, KRW 117,238,668.
F. On February 28, 2019, a copy of the Plaintiff’s application for payment order dated February 28, 2019, stating the purport of the said assignment of claims, to the Defendant on March 12, 2019.