beta
(영문) 서울서부지방법원 2015.11.26 2015가단230993

양수금

Text

1. The defendant shall pay to the plaintiff KRW 108,558,904 as well as KRW 30,000 among them, from July 2, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 14, 1999, the Daisung Korea Credit Union (hereinafter “SP”) established and lent 15% interest rate per annum to the Defendant on April 14, 199, 200 won per annum, 20% interest per annum, and due date on April 14, 200, and B jointly and severally guaranteed the Defendant’s loan obligations against the Nonparty Union.

(hereinafter “instant claim”). (b)

The non-party partnership went bankrupt on August 28, 200, and on September 30, 200, the bankruptcy trustee transferred the claim of this case to KNC Co., Ltd. on September 30, 200, and notified the Defendant of the fact of transferring the claim on December 11, 2002, and the above notification reached the Defendant around that time.

C. Since that, on January 18, 2012, the instant claim reached the Defendant at the time when the original copy of the instant payment order was sent to the Defendant on January 19, 2015 and around that time or when the original copy of the instant claim payment order was sent to the Defendant. The instant claim was transferred to the Defendant on January 18, 2012, in January 18, 2015, in the case of C&C and C& assets management loans, on January 19, 2015, in order with respect to C&C loans, and on January 19, 2015.

[Ground of recognition] Facts without dispute, Gap's 1 to 3, Gap's 5 (including virtual number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff was legally assigned the claim of this case.

Therefore, the defendant is obligated to pay to the plaintiff who is the transferee the delayed payment amounting to 108,58,904 won and 30,000,000 won among them, calculated by the rate of 20% per annum from July 2, 2015 to the date of full payment.

3. On May 22, 2015, the Defendant asserted that the Korea Deposit Insurance Corporation of Solomon Savings Bank acquired the instant claim, and filed an application against the Defendant for the payment order with the Seoul Central District Court 2015 tea12716.