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(영문) 서울중앙지방법원 2016.05.31 2015가단5181831

양수금

Text

1. Defendant A corporation pays KRW 59,046,887 to the Plaintiff.

2. The plaintiff's claim against the defendant B.

Reasons

1. Determination as to the claim against Defendant A corporation

A. The facts of recognition (1) Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with the Industrial Bank of Korea on March 31, 2004 to obtain a loan of KRW 100 million. On March 31, 2006, the Industrial Bank of Korea entered into a credit transaction agreement with the Industrial Bank of Korea to obtain a loan of KRW 10 million, and received each of the above loans.

(2) Since then, as the Defendant Company failed to repay its loan repayment obligations, the Industrial Bank of Korea applied for an auction of real estate rent to the Daegu District Court-dong Branch C (the claim declaration value of KRW 879,809,123). The above claim was transferred to the said specialized credit securitization company, and was distributed to the limited liability company specializing in the 1649,000,000 won on April 16, 2008.

On the other hand, with respect to the remaining claims that have not been repaid, ① on February 25, 2010, a limited liability company specializing in the securitization agreed to transfer them to the Yonhap Asset Management Co., Ltd., and notified the Defendant on May 31, 2010, ② Allied Asset Management Co., Ltd. decided to transfer them to the U&A limited liability company on May 17, 201, and notified the Defendant Co., Ltd of the transfer on June 3, 2010. ③ U&A loan is to transfer it to the EXA non-loan Co.,, Ltd. on June 30, 201, and the Defendant Co., Ltd. notified the transfer on April 27, 2012, ④ XA non-loan to transfer it to the Bankrupt Future Savings Bank on October 10, 2013, and to Defendant Co., Ltd. on January 29, 2014.

(3) The outstanding principal under the present credit transaction agreement is KRW 0,00,046,887 for interest.

[Based on recognition] Each entry of Gap evidence 1 to 3 and 5 (including each number), and the purport of the whole pleadings

B. Thus, the defendant company is obligated to pay 59,046,887 won as interest debt that has not been repaid to the plaintiff.

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion.