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(영문) 서울북부지방법원 2016.08.19 2015가단129172

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 25,076,479 and KRW 20,029,575 from February 28, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 207, 2007, Han Bank Co., Ltd. extended a loan to the Defendant at the interest rate of 6.54% per annum and at the interest rate of 17% per annum. On July 20, 2007, Han Bank set the right to collateral security of KRW 720,000,000 for the maximum debt amount as to No. 111-1 of the first floor owned by the Defendant.

B. On September 2012, Han Bank transferred its claim against the Defendant to Korea EF&A No. 29, and notified the Defendant of the assignment of claim around October 2012.

C. On September 26, 2012, as to the above real estate owned by the Defendant, the Suwon District Court C opened the auction procedure for real estate.

On September 4, 2013, 712,279,932, out of the total amount of the claims against the Defendant ( principal KRW 599,958,958,958, KRW 138,875,329) at the above auction procedure, a limited liability company specializing in the securitization of the 29th Ef&A received dividends of KRW 712,279,932.

On February 2014, our Ef&A specialized in the securitization of the 29th Ef&A transferred the claims against the Defendant to the Cableable Partners Limited Company, and notified the Defendant of the assignment of claims around March 2014.

On April 2014, Sable Partnership Loan Co., Ltd. transferred its claims to the Defendant and notified the Defendant of the assignment of claims around May 2014.

Around November 2014, this CD Asset Management Loan Co., Ltd. transferred claims against the Defendant to the Plaintiff, and notified the Defendant of the assignment of claims around December 2014.

E. As of February 27, 2015, the Plaintiff’s claim against the Defendant is KRW 25,076,479 (principal KRW 20,029,575 and interest 5,046,904).

[Reasons for Recognition] Unsatisfy, Gap 1-14 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from February 28, 2015 to the date of full payment, as to KRW 25,076,479 and KRW 20,029,575.

B. The defendant, the defendant.