양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
가. 인정사실 (1) 고척2동새마을금고는 1997. 9. 10. 피고에게 9,000만 원을 대출과목 가계일반자금대출, 변제기 1999. 9. 10. 이자율 연 13%, 지연손해금률 연 22%로 정하여 대여하면서, 그 담보로 피고 소유의 광명시 B 대 119m ^{2} 및 그 지상 건물에 관하여 채권최고액 126,000,000원의 근저당권설정등기를 경료하였다.
(2) The defendant removed the above B-ground buildings, and newly constructed two multi-household houses by 10 households in total from the first to the fourth floor on the site of three parcels, such as C, D, B, etc., on September 9, 1998, and completed the registration of ownership of the above land along with the registration of ownership of each household on September 9, 198.
(3) The Defendant lost the benefit of December 27, 1998 due to the delinquency in payment of interest. The Defendant applied for a blanket sale of the above multi-household housing units Nos. 1, 2, 2, 1 and 4 2 to Suwon District Court E based on the aforementioned right to collateral security, and received dividends of KRW 26,194,842 on September 23, 2004.
(4) On June 28, 2013, a high-scale 2 Saemaul Savings Depository transferred the above loan principal and interest to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of claims from a high-scale 2 Saemaul Savings Depository and thereafter notified the Defendant of the above loan by content-certified mail.
(5) As of July 23, 2014, the debt balance of the loan as of July 23, 2014 is the total of KRW 29,618,778, interest KRW 97,435,479, the total of KRW 127,054,257, and the interest rate for delay is 17% per annum.
[Ground of recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 1-3, Eul evidence Nos. 2-1-1 through 10, each fact inquiry result (part) and the purport of the whole pleadings against the high-scale 2 Saemaul Savings Depository of this court
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 127,054,257 as well as the principal amount of KRW 29,618,778, which is calculated at the rate of 17% per annum from July 24, 2014 to the date of full payment.
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