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(영문) 서울남부지방법원 2017.08.10 2017가합446

양수금

Text

1. The Plaintiff:

A. As to KRW 283,202,794 and KRW 265,525,353 among them, the Defendant Limited Liability Company A shall begin with November 10, 2016.

Reasons

1. Basic facts

A. On May 9, 2012, Defendant A limited liability company (hereinafter “A”) entered into a credit agreement and comprehensive collateral guarantee agreement with the Nonghyup Bank Co., Ltd. (hereinafter “CF”) with “1.86 billion won”, “1.66 billion won”, “3.73% of the annual MR base rate”, “3.73% of the delayed period”, “where the delayed period is 30 days or less: the overdue period x (6% of the debtor’s credit interest rate) ± 365%, or 90 days or less: the number of overdue days calculated from the first overdue period 】 (7% of the debtor credit interest rate) ± (365%) ± (365 days of delinquency period ± (9% of the first overdue period ± (365% of the debtor credit interest rate) 】 (300 million won in the case of the first overdue period ±365,000 million won in the case of the defendant limited liability company 20 million won in the case of the foregoing loan 301.”

B. Assignment of claims and notification 1) The Nonghyup Bank Co., Ltd. (hereinafter “Mao Asset Management Co., Ltd.”) on September 2, 2015

(1) A single bank (hereinafter referred to as “one bank”)

(2) On October 1, 2015, the Nonghyup Bank notified Defendant A of the transfer of the above credit by content-certified mail, and sent the above credit to Defendant A on October 5, 2015, upon entering into a contract for the transfer and acquisition of assets between the Plaintiff, Mah Asset Management, and Mah Asset Management on September 24, 2015, and upon entering into a contract for the transfer and acquisition of assets between the Plaintiff, Mah Asset Management, and Han Bank, and transferred the rights and obligations of the purchaser (Mah Deposit and Han Bank) to the Plaintiff as a special purpose company.

C. On June 1, 2016, the Plaintiff collected part of the claim 1. The sum of June 1, 2016 in the Jeonju District Court D's D's auction of real estate.