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(영문) 서울북부지방법원 2018.01.18 2017가합25585

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 367,682,662 and the amount of KRW 205,485,775 from June 17, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments and evidence Nos. 1 through 5 of the judgment as to the cause of the claim, and the whole purport of arguments, ① our bank loaned KRW 270 million to B on Nov. 21, 2007, ② the Defendant assumed the Defendant’s obligations against our bank on Jan. 26, 200, ③ the Korean bank transferred its claims against the Defendant on Jun. 29, 201 to Korea on June 11, 201, to the 11-backed securitization specialized company on June 30, 201, to the Defendant on June 17, 201, to the Defendant on June 17, 201, to the 206-based 15th Asset Management Claim, ④ the 111-backed securitization specialized company on Feb. 17, 2014, to the Defendant on Feb. 17, 2014, to the Defendant on May 14, 2014

Therefore, the Defendant is obligated to pay to the Plaintiff the overdue interest calculated at the rate of 17% per annum from June 17, 2016 to the day of full payment with respect to KRW 367,682,662 and the principal amount of KRW 205,185,775.

2. The defendant's assertion and judgment asserts that the claim of this case was extinguished by the excessive extinctive prescription of commercial claims.

However, comprehensively taking account of the evidence evidence Nos. 5 and 6 and the overall purport of the pleadings, the Bank applied for the auction of real estate to Seoul Eastern District Court C on April 4, 2011 based on the right to collateral security, which provides the instant claim as the secured claim, and it can be acknowledged that the distribution schedule was prepared and finalized on October 22, 2012 in this auction procedure.

Thus, the extinctive prescription of the claim of this case.