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(영문) 서울북부지방법원 2017.12.19 2016가단138982

양수금

Text

1. The Defendants jointly and severally pay 131,279,500 won to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Existence of claims for the amount taken over;

A. On March 7, 2006, Jeju Bank set the due date of payment of KRW 65 million to Defendant A Co., Ltd. on June 4, 2006; the interest rate of KRW 8% per annum; and the delay compensation rate of KRW 21% per annum; and Defendant B jointly guaranteed the above obligation on the same day within the limit of KRW 845 million.

B. On December 29, 2010, Jeju Bank transferred the above loan claims to the Korea Asset Management Corporation. On or around October 2014, the Korea Asset Management Corporation notified the Defendant company of the fact of transferring the above loan claims. The Korea Asset Management Corporation transferred the above loan claims to OSB Savings Bank, which was delegated with the authority to notify the transfer by the Korea Asset Management Corporation, and OSB Savings Bank notified the Defendant company of the fact of transferring the above loan claims on January 23, 2015, and OSB Savings Bank transferred the above loan claims to the Plaintiff on November 27, 2015, and the Plaintiff delegated the authority to notify the transfer by OSB Savings Bank to the Defendant on or around December 2015.

C. On September 16, 201, the Korea Asset Management Corporation: (a) received dividends of KRW 671,273,924 from the amount of the credit amount of KRW 802,53,424 to the amount of KRW 671,273,924 from the Jeju District Court C’s Jeju District Court to the time of the auction of real estate; (b) the remaining principal amount of KRW 96,627,945, and the interest accrued from November 31, 201 to September 16, 201; and (c) the interest accrued from November 1, 201 to September 16, 201 to the amount of KRW 105,925,479, and appropriated it in the order of principal and interest.

[Evidence Evidence] The descriptions of Gap's evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay KRW 131,279,50 to the Plaintiff.

B. As to Defendant B’s assertion, Defendant B did not deliver the notification of the assignment of claims to the Defendants, and the notification of the assignment of claims to the Korea Asset Management Corporation and OSB Savings Bank is inappropriate because it was not delegated by the transferor, and the claim subject to the transfer is.