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(영문) 광주지방법원 2015.07.15 2015가단510530

양수금

Text

1. The Defendant’s KRW 36,385,367 as well as the annual rate of KRW 5% from February 26, 2013 to January 21, 2015, and the following.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 4:

The defendant received a loan of KRW 430,000,000 from the Industrial Bank of Korea on June 19, 2007 for a fixed period of one year.

(hereinafter “instant loan”). (b)

The claim for the instant loan was transferred to the Plaintiff on May 30, 2012 on the part of the Republic of Korea, which was transferred to the Republic of Korea, Jinininininininsulin, Kentinsulin, and to the United Nations Essulin, on June 26, 2012, and to the Plaintiff on December 5, 2014.

C. Around December 2014, the United Nations E.S. Specialized in the T. T.S. Third Asset Securitization notified the Defendant of the assignment of each of the above claims.

On the other hand, as of February 25, 2013, the instant loan remains in KRW 36,385,367.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 26, 2013, which is the delivery date of the instant payment order, to January 21, 2015, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

In regard to this, the defendant, at the voluntary auction procedure for the real estate owned by the defendant, the amount claimed by the Industrial Bank of Korea for the loan of this case was KRW 516,00,00,000, and the appraised value of the above real estate was KRW 980,316,020, so the claim of this case had not been repaid in the above auction procedure five times, so the above auction procedure is too limited, and the defendant lost ownership over real estate exceeding the market price of KRW 1,00,00,00, and the defendant lost ownership over the above amount of KRW 471,636,642 in the above voluntary auction procedure, and it appears that the United Nations Es. 3,385,367, which was repaid to the plaintiff in the above voluntary auction procedure, the remaining principal was disposed of at the intermittent value of KRW 36,367,00 for the plaintiff to receive the above money recently.