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(영문) 서울중앙지방법원 2015.07.14 2014가단5328015

양수금

Text

1. Defendant B’s annual period from November 19, 2014 to the full payment date, as to KRW 27,156,164, out of the amount and its money paid to the Plaintiff.

Reasons

1. Basic facts

A. On August 5, 1996, Defendant A Co., Ltd. borrowed KRW 160,000,000 from the Non-Party A Bank of Eastern (Guarantee Limit 208,000,000) until August 5, 1997, at the interest rate of 14.25% per annum, and at the interest rate of 14.5% per annum (hereinafter “instant loan”).

나. 피고 A 주식회사는 이 사건 대출금채무를 연체하였고, 주식회사 동화은행은 이 사건 대출금채권을 소외 한국자산관리공사에 양도하고 피고들에게 이를 통지하였으며, 그 이후 이 사건 대출금채권은 소외 엠에스케이 인베스터.인크, 소외 동양파이샌셜 주식회사, 소외 하나채권관리 주식회사에 각 순차로 양도되고 위 각 채권양도는 피고들에게 통지되었다.

C. Accordingly, the non-party One Credit Management Co., Ltd. filed a lawsuit against the defendant B against the defendant for the claim for the amount of the loan amount under 2008da58150, which is the court below's ruling that the balance of the principal and interest of the loan of this case is 42,969,979 won (the principal of the loan of this case 27,156,164 won and interest for delay 15,813,815 won) and the defendant B shall pay one Credit Management amounting to 42,969,979 won and 20% interest per annum from April 23, 2008. The judgment became final and conclusive around that time.

Then, on November 29, 201, one bond management company transferred the instant loan claims to the Solomon Savings Bank, and notified the Defendants thereof, and on November 29, 201, Solomon Savings Bank transferred the instant loan claims to the Plaintiff and notified the Defendants thereof.

E. Meanwhile, as of November 18, 2014, the outstanding balance of the principal and interest of the instant loan claims as of November 18, 2014 is KRW 69,365,770 (the principal and interest of the loan principal amounting to KRW 27,156,164 and damages for delay).

F. On November 26, 2014, the Plaintiff filed the instant lawsuit against the Defendants.

Grounds for recognition: Whether there is no dispute between the parties or is evident.