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(영문) 서울중앙지방법원 2017.03.16 2016가합34583

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 515,325,335 and KRW 381,468,153 among them. < Amended by Presidential Decree No. 27520, Sep. 28, 2016>

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

on June 28, 2011, Han Bank Co., Ltd. (hereinafter referred to as “one bank”)

(2) From September 28, 201, 200 million won due date; 17% per annum; damages for delay rate of less than three months; 17% per annum if the overdue period is less than three months; and 19% per annum if the overdue period is more than three months; and Defendant B and C have borrowed the Defendant Company’s obligations for the above loans (hereinafter “instant loans”).

(2) The Plaintiff is a company established with the aim of carrying out asset-backed securitization business in accordance with the asset-backed securitization plan registered with the Financial Services Commission pursuant to the Asset-Backed Securitization Act.

3) On June 27, 2013, the Plaintiff entered into an asset acquisition agreement under which one bank, a joint asset management company, and the Plaintiff transferred the instant loans, etc. to the Plaintiff through an asset acquisition agreement on May 29, 2013. On the same day, the Plaintiff registered an asset-backed securitization plan on the instant loans, etc. on the same day. 4) On June 28, 2013 and July 12, 2013, one bank sent the notice that it transferred all the instant loans, the instant loans, and the instant loans, to the Plaintiff by content-certified mail, and publicly announced the transfer of the instant loans to the Plaintiff on July 5, 2013.

5) The obligation of the instant loans as of September 27, 2016 is KRW 386,51,003 and KRW 135,614,93 and interest or delay damages (i.e., KRW 386,51,003) x 17% per annum x 483/365,51,003 x 17% per annum x 17% per annum x 271/366) 52,165,936. [based on recognition] The obligation of the instant loans as of September 27, 2016 is the total amount of KRW 52,165,936. Each entry (including serial numbers) in the evidence Nos. 1 through 9 (including serial numbers

- The purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable to the plaintiff.