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(영문) 서울중앙지방법원 2018.03.29 2017가합586111

양수금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 429,475,530 and KRW 207,661,716 from July 28, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The original lender of the Agricultural Bank Co., Ltd. was the National Agricultural Cooperative Federation, but on March 2, 2012, the Nonghyup Bank newly established after the banking business sector of the National Agricultural Cooperative Federation was divided, comprehensively succeeded to its rights and obligations. In addition to the Defendant: ① May 27, 2000, KRW 250 million due date, KRW 9.25% per annum, KRW 17% per annum, ② interest rate of KRW 120 million per annum, August 31, 2001, ② interest rate of KRW 7.32% per annum, KRW 18% per annum, ③ interest rate of KRW 10.5% per annum, KRW 20,000 per annum, KRW 9,000 per annum, KRW 20,000 per annum, KRW 95% per annum, 30,000 per annum, and ④ interest rate of KRW 9.5% per annum, 305% per annum, 200,000 per annum.

(hereinafter “Claims for each of the loans of this case”). (b)

On June 29, 2015, the Agricultural Bank Co., Ltd. entered into an asset sales contract with the Korea Development Bank Co., Ltd. to transfer each of the loans of this case to the Korea Development Bank, and notified the Defendant of the transfer of claims at that time. On June 28, 2016, the Korea Development Bank Co., Ltd. transferred each of the loans of this case to the Plaintiff and notified the Defendant of the transfer of claims at that time

C. As the Defendant did not repay the principal and interest of each of the instant loans, the Nonghyup Bank Co., Ltd. filed an application for a real estate rental auction with the Daegu District Court Kimcheon- Branch B on April 29, 2015, and on July 27, 2016, the Lao Savings Bank filed an application for a real estate rental auction with the Daegu District Court Kimcheon- branch B, and on July 27, 2016, the Korea Bank in charge of the said auction procedure: (a) the principal and interest of each of the instant loans; (b) the attempted interest accrued up to 21,815,142 won; and (c) the attempted