logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.04.25 2013가합71383
양수금
Text

1. The Defendant’s KRW 118,731,707 for the Plaintiff and 6% per annum from August 29, 2013 to March 5, 2014.

Reasons

1. Basic facts

A. On August 30, 2005, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) entered into a credit transaction agreement with the Defendant on a loan of general household funds, loan (limited amount to KRW 390 million), interest rate of KRW 35 million per annum, interest rate of KRW 0.45% per annum, minimum interest rate of delay damages, KRW 14% per annum, maximum interest rate of KRW 19% per annum, and KRW 390 million per annum to the Defendant (hereinafter “instant loan”). Accordingly, in order to secure the principal and interest claim of this case, the Korea Exchange Bank established a collateral security agreement on real estate owned by the Defendant (No. 121, No. 121, No. 301) with the maximum debt amount of KRW 468 million.

B. Since the Defendant paid interest on February 27, 2006, it was impossible to repay the interest under the above credit transaction agreement, and thus, the Defendant lost the benefit of the term of the instant loan on April 30, 2006.

C. Accordingly, on August 9, 2006, the Korea Exchange Bank applied for a voluntary auction to Suwon District Court C on the basis of the right to collateral security stated in the above paragraph (a) (hereinafter “the voluntary auction”) and received a decision to commence the auction on August 9, 2006.

On August 11, 2006, the registration of the entry of the decision on voluntary commencement of auction (hereinafter “registration of the entry of the decision on voluntary commencement of auction”) was completed by the Suwon District Court No. 159294, and the voluntary auction procedure of this case was proceeded.

On December 15, 2006, when the above auction procedure is in progress, the Korea Exchange Bank transferred to a limited company specializing in foreign exchange securitization the instant loan claims, interest or delay damages claims (the sum of the above loan claims and the interest thereon, etc. and the interest thereon, and notified the Defendant of the assignment of the said claims on January 12, 2007, and the above notification reached the Defendant around that time.

E. In the instant voluntary auction procedure, on October 10, 2008, the auction court prepared a distribution schedule that distributes the amount of KRW 468 million to the Korea Exchange Bank, and the Defendant’s other creditors.

arrow