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(영문) 광주지방법원 2015.09.04 2015가합54983

양수금

Text

1. The Defendant’s KRW 150,000,000 as well as 14% per annum from November 29, 2013 to January 23, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of selling, selling, managing, and recovering non-performing loans, and the Defendant is a debtor who has concluded a credit transaction agreement with the Industrial Bank of Korea and borrowed money at an annual interest rate of 14% as follows.

(Unit) On October 22, 2009, a loan of small and medium enterprise facilities loan of KRW 400,000,000,020,328,020,494 won on October 22, 2009, a loan of KRW 100,000,000 for small and medium enterprise facilities loan of KRW 30,000 on October 30, 201, a loan of KRW 65,00,000 for small and medium enterprise funds loan of KRW 40,000 on October 02, 2007, a loan of KRW 65,000,000 for small and medium enterprise funds loan of KRW 95,000 on October 104, 201.

B. While the Defendant was engaged in a transaction under the above credit transaction agreement, the above credit transaction agreement was terminated and the benefit of time was lost.

C. On February 28, 2013, the Industrial Bank of Korea entered into an agreement on asset transfer with a sculllian (hereinafter “the first transferee”) that is not the Pulin sullogian (hereinafter “the instant bonds”) and transferred the bonds to the Defendant pursuant to the said credit transaction agreement (hereinafter “the instant bonds”). The Industrial Bank of Korea, the first transferee of the Industrial Bank of Korea, the first transferee of the instant bonds, and the UNPPS specialized company (hereinafter “the first transferee”).

(D) On March 27, 2013, the Plaintiff concluded an asset transfer agreement with the Plaintiff on December 5, 2014, and transferred the instant claim to the first transferee. Meanwhile, on November 28, 2013, the first transferee applied for an auction of real estate rent to the Suwon District Court B with respect to the Defendant’s secured real estate, and received dividends of KRW 132,496,215 out of the total amount of the claim amount of KRW 460,516,709 (= principal KRW 400,597,214, interest KRW 59,919,495) at the said auction procedure. E. The first transferee entered into an asset transfer agreement with the Plaintiff on December 5, 2014, transferred all of the outstanding principal of the instant claim to the Plaintiff, and notified the Defendant of the fact that there was no ground for dispute over the assignment of claim.