beta
(영문) 서울중앙지방법원 2019.02.21 2018가단5160378

양수금

Text

1. The Defendant’s KRW 51,367,861 and KRW 32,190,402 among the Plaintiff and the Plaintiff’s KRW 12,00 per annum from May 26, 2018 to June 28, 2018.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) established a right to collateral security on real estate owned by the Defendant to the Defendant, and executed a loan of KRW 450 million on February 28, 2006. On June 26, 2012, the bank passbook loan was executed with KRW 4.5 million on June 26, 2012. On January 30, 2013, paid KRW 4,831,290 as a provisional payment with respect to the above loan.

B. C and D Co., Ltd., on June 20, 2013, according to the asset sales contract and the asset sales contract and the asset sales contract concluded on June 20, 2013 between C and D and the Plaintiff, C had against the Defendant under the asset sales contract concluded on June 27, 2013.

Each loan, mortgage, and all other claims described in the paragraph were transferred to the Plaintiff.

On June 27, 2013, pursuant to Article 3 of the Asset-Backed Securitization Act, the Plaintiff registered the transfer of securitization assets, including each of the above loan claims, to the Financial Supervisory Service, and notified the transfer of claims on June 28, 2013 and July 1, 2013 to the E press and the F press.

C. On August 29, 2013, the Plaintiff recovered dividends of KRW 375,125,141 as a mortgagee and KRW 4,703,465 in total, KRW 379,828,606 in Suwon District Court G real estate auction in relation to the real estate owned by the Defendant.

As above, the Plaintiff appropriated 379,828,606 won from the Defendant as of August 29, 2013, ① 4,831,290 won with respect to loans, ② 620,735 won with respect to the interest on the bank account loan as of June 26, 2012, ③ 38,415,508 won with respect to the general bank account loan as of February 28, 2006 (12.62% per annum), ④ 4,500,00 won with respect to the principal of the bank account loan as of June 26, 2012, ⑤ 363,651,475 won with respect to the principal of the loan as of February 28, 2006, and ④ 363,651,361,473 won with respect to the principal of the bank account loan as of February 28, 2006.

[Grounds for Recognition: Each entry in the evidence of Nos. 1 through 11, and the purport of the whole pleadings]

2. According to the above facts of determination, the Plaintiff’s claim for the amount of the transferred money against the Defendant as a result of satisfaction of the Plaintiff’s claim as above is KRW 32,190,402 =379,828,606 - KRW 4,831,290 - 620,735 won.