양수금
1. The defendant shall pay 139,672,437 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
1. Following the determination of the cause of the claim, the following facts are either not disputed between the parties, or acknowledged according to the statements in Gap evidence 1 to Gap evidence 5.
Around May 31, 2009, the New Bank Co., Ltd. (hereinafter the “New Bank”) loaned KRW 278,960,000 to the Defendant with the name of an apartment loan loan loan loan for the 312 Dong Dong-dong, Yongsan-gu, Yongsan-gu (hereinafter the “the apartment of this case”) located in Yongsan-si (hereinafter the “the apartment of this case”) until February 28, 201, the agreement on the above loan was 2.8% below the CD interest rate for three months. The overdue interest rate of 9% was added to the overdue interest rate of 10% within one month during the overdue period, but the overdue interest rate of 10% is added between 1 to 3 months during the overdue period, and the overdue interest rate of more than 3 months after the overdue period of more than 3 months shall be added to the overdue interest rate of 11%.
B. The new bank directly paid the above loans to the executing company, and the Defendant was subject to termination of the sales contract on the grounds of the remainder payment for the instant apartment, and thereafter, a new buyer entered into a sales contract and paid the intermediate payment and the balance, and the executing company entered into a new sales contract on August 7, 2015 with the new sales price, and repaid the loans the Defendant owed to the new bank to the new bank.
(At that time, creditors are first appropriated to the principal in favor of the defendant and the principal claim is deemed to have been extinguished in entirety).
Around December 26, 2013, a new bank transferred a loan claim against the Defendant to a limited company specializing in the C&C securitization. Around January 25, 2016, a limited liability company specializing in C&C transferred the above loan claim to the Plaintiff, and the Plaintiff notified the Defendant of the fact of the assignment of each of the above claims.
The interest and delay damages remaining in relation to the instant loan claim shall be ① 2,976,371 won (the amount equivalent to the interest accrued from December 31, 201 to February 29, 201), ② 68,501,411 won from March 1, 201 to October 31, 2013.