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(영문) 서울중앙지방법원 2020.01.30 2019가합569028

양수금

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 14.57% per annum from June 15, 2019 to the day of complete payment.

Reasons

The following facts can be acknowledged in full view of the facts acknowledged as to the cause of the claim Gap's statements and the whole purport of the arguments in Gap's evidence Nos. 1 through 5 (including branch numbers).

On July 6, 2012, 2012, the interest rate for delay in the loan of the subject of loan on the date of entering into an order of lending 2.5 billion won, 15.46%, 2.57%, 5.57%, 3 on July 6, 2012, the C Co., Ltd. (hereinafter “C Bank”) entered into a credit transaction agreement with the Defendant on July 6, 2012, as follows, with a total of KRW 9.5 billion, to the Defendant.

C Bank transferred each of the above loans to the Plaintiff pursuant to Article 3 of the Asset-Backed Securitization Act on December 30, 2014, and notified the Defendant of the assignment of claims at that time.

The Seoul Central District Court E and F (Dupl) opened a real estate auction procedure with respect to real estate owned by the Defendant, Gangnam-gu Seoul, Seoul, with respect to the real estate owned by the Defendant, and the Plaintiff was apportioned totaling KRW 11.4 billion in the above real estate auction case on September 1, 2016 as the transferee of the C Bank.

The outstanding claims against the Defendant by the Plaintiff as of September 1, 2016, as follows: 12,50,000,001,120,235,548 15.46% 25,500,000 2,318,308,878 14.57% 31,500,000 698,127,127,850 16.04% in total, 9,500,000,000,000 16.04% in total, 16.0,00,00,000,004, 136,672,276

In case where the dividend distributed to the defendant in an auction to exercise the scope of the claim to be repaid by the defendant is insufficient to extinguish all of the secured claims held by the secured party, it shall be appropriated according to the method of statutory appropriation for performance under Article 477 of the Civil Act.

(See Supreme Court Decision 9Da22281, 22298 delivered on August 24, 199). In light of the relevant legal principles as seen earlier, the health care unit regarding the instant case, and the 11.4 billion won that the Plaintiff received as dividends in the instant real estate rental auction, pursuant to Articles 479 and 477 of the Civil Act, shall be limited to expenses, interest, and originals.