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(영문) 수원지방법원 2017.12.13 2017가합226

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 244,022,429 and the interest rate of KRW 15% per annum from January 7, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On September 28, 2012, the Defendant entered into a credit transaction agreement with the Securities Savings Bank (hereinafter “Securities Savings Bank”) for KRW 14,460,000,000, and received loans from the said Bank at an interest rate of 9% and at an interest rate of 21% in arrears on the same day.

In order to secure the above loans, the Defendant completed the registration of the establishment of a mortgage on the buildings listed in the attached list (hereinafter referred to as “the instant tenement house”) with the Suwon District Court, the Dongwon District Court, No. 92279, Sept. 28, 2012, as the receipt of the maximum debt amount of KRW 1887,90,000,000, the debtor, the Defendant, and the creditor Reference Savings Bank.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

Plaintiff

On March 21, 2016, the Company acquired from the Securities Savings Bank a loan claim against the Defendant (hereinafter “instant claim”) and a collateral security of this case at KRW 120 million.

At the time of the transfer of the instant bonds, the total amount of principal and interest of the instant bonds was KRW 244,02,429.

C. On March 21, 2016, the Korea Exchange shall notify the Defendant of the transfer of the instant claim to the Plaintiff Company by content-certified mail and the same year.

3. 24. The above notification was sent to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff Company received the instant claim against the Defendant from the Securities Depository, and the fact that the Securities Depository notified the Defendant of the transfer of the instant claim by content-certified mail and the notification was delivered to the Defendant. Therefore, the Defendant, the obligor of the instant claim, barring any special circumstance, is obligated to pay the Plaintiff Company, the assignee of the instant claim, the total sum of the principal and interest of the instant claim at the time of acquisition of the instant claim, KRW 244,02,429, and damages for delay.

B. The defendant's assertion that the claim is extinguished due to confusion as to the defendant's assertion 1.