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(영문) 서울중앙지방법원 2015.04.10 2014가합564943

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 258,374,206 and KRW 183,331,517 among them.

Reasons

In fact, Defendant A Co., Ltd., on May 14, 2010, borrowed 200 million won from the Bank of Korea on February 14, 2011 at the due date. The loan interest rate was 17% per annum per annum in the event of default of less than three months, and 19% per annum in the event of default of not less than three months. At the time of the above loan, Defendant B signed and sealed a letter of guarantee in which the extended guarantee limit amount was stated as KRW 240 million.

On December 27, 2012, our bank concluded an asset transfer agreement with a limited-liability company specialized in the 19th securitization and transferred the above loan claims.

On February 18, 2014, the limited liability company specializing in the 19th securitization transferred the above loan claims to the Plaintiff, and on November 13, 2014, the notice of the transfer of claims, stating the said transfer of claims, was sent to the Defendants by means of content-certified mail, and on November 14, 2014, the said notice of transfer was delivered to the Defendants.

As of June 24, 2014, the principal and interest of the Defendant Company is KRW 258,374,206 (= Principal KRW 183,331,517 and delay damages KRW 75,042,689).

【Legal basis for recognition” Nos. 1 and 2, and the legal ground for a claim as to the purport of the entire pleadings, it is reasonable to deem that the Plaintiff, in the order of the above loan claims against the Defendants, provided the notification of the transfer of claims to the Defendants, by the transferee of the above loan claims, satisfying the requirements for setting up against the Defendants on November 14,

(C) The above evidence alone is insufficient to recognize that the notice of the assignment of claims to the Defendants of the Bank is delivered to the Defendants, but it seems that the notice of the assignment of claims to the Defendants of the Bank is returned to the Defendant Company of the Bank of Korea.

Meanwhile, at the time of the application for the instant payment order, the Plaintiff, who received the above loan claim from the 19th securitization specialized company our country, appended with the notice of transfer prepared by the Bank of Korea, which is the transferor of the claim, and the instant payment order.