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(영문) 서울중앙지방법원 2015.10.22 2014가합574148

양수금

Text

1. The Defendant’s KRW 174,260,006 and KRW 103,489,916 among the Plaintiff’s KRW 20.5% per annum from July 25, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Establishment of a right to collateral security and creation of loan claims 1) Yangju Livestock Cooperatives (hereinafter “ Yangju Livestock Cooperatives”)

A public construction corporation on November 3, 2006 (hereinafter “public construction”)

(1) Dong Seo-gu Housing Co., Ltd. (hereinafter referred to as “Dong-gu Housing”)

from the following table, the term “real estate” means each real estate described below (hereinafter referred to as the “net Nos. 1 to 4 of this case”)

2) As a joint collateral, the maximum amount of debt is KRW 7.28 billion and the debtor’s right to collateral security (hereinafter “instant right to collateral security”) was established.

2) On December 18, 206, the Yangju-gun Cooperative concluded a loan transaction agreement with the Defendant on December 18, 2006, 4.5 billion won, interest rate of 7.8% per annum, 16.3% per annum if the overdue period is less than one month, 16.3% per annum if the overdue period is more than one month but less than three months, and 21% per annum if the overdue period is more than three months, and 3 months, 4.5% per annum. < Amended by Presidential Decree No. 19558, Dec. 4, 2006>

(hereinafter “instant loan”). (b)

On April 30, 2008, a voluntary auction procedure (F) was initiated with respect to the instant land No. 1 on April 30, 2008 following a request for auction by a three-party mutual savings bank. On August 14, 2008, a voluntary auction procedure (F) was initiated with respect to the instant land No. 1, which was issued on August 14, 2008 upon the request for auction by the two-party mutual savings banks (hereinafter referred to as “the first auction procedure”).

(2) On July 8, 2009, the Yangju Livestock Cooperatives transferred the instant loan claims to D&C Co., Ltd. (hereinafter “D&C”), and on July 29, 2009, notified the Defendant of the assignment of the said loan claims and issued the notification to the Defendant on July 31, 2009.

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