양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 20, 2006, Defendant (Co., Ltd. B prior to the change) entered into a credit transaction agreement with the Bank on April 20, 2006, setting the credit limit of KRW 230,000,000, and delay damages rate of KRW 19% per annum.
B. On March 31, 2009, Korea Bank transferred the above loan claims (hereinafter “the instant claims”) to us, a limited liability company specializing in the 2009 UP&A, and notified the Defendant, who is the principal obligor, of the fact of transfer on April 2, 2009.
C. On June 15, 2010, a limited company specializing in Ef&A (hereinafter “AW”) in Korea’s U.S. on the instant claim, received dividends of KRW 276,00,000 in the D Voluntary Auction Procedures for the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) on real estate owned by C to secure the instant claim, and partly repaid the instant claim, including KRW 38,837,703 of the remainder of the loan principal, and transferred the instant claim to EfS loan company on May 12, 201, and notified the Defendant of the transfer on May 12, 201.
On November 27, 2013, APPP Co., Ltd. transferred the instant claim to the Plaintiff. On August 19, 2014, the Plaintiff, who was delegated with the said notification of transfer, notified the Defendant of the fact.
E. As of January 19, 2015, the instant claim remains in KRW 72,781,854, including the principal amount of KRW 38,837,703.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 19% per annum, which is the interest rate for delay, from January 20, 2015, to the date of full payment, with respect to the principal and interest of the instant claim of KRW 72,781,854, and the principal and interest of KRW 38,837,703, among them.
3. Judgment on the defendant's defense
A. The defendant asserts that the notice of transfer is incomplete, shall be the EP loan of this case to the plaintiff.