logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2020.02.06 2019가합291
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 201, the Plaintiff received a loan from C Co., Ltd. (hereinafter “C Bank”) with interest rate of KRW 2.67% (1.67%), due date for repayment on April 15, 2012, with interest rate of KRW 14.39% per annum (hereinafter “instant loan”). On the same day, C Bank received a loan from C Bank with interest rate of KRW 400 million as corporate general facility funds at the rate of KRW 42%, due date for repayment on October 15, 2011, with interest rate of KRW 18% per annum (hereinafter “instant loan”). The Plaintiff obtained a loan by combining the instant loan 2 and the instant loan 1, with interest rate of KRW 14.39% per annum.

B. D Limited Liability Company acquired each of the instant loans from C Bank on June 3, 2014.

C. D Limited Liability Company received dividends of KRW 9,540,000,000 on May 21, 2015 in the voluntary auction procedure for the case for the case for the Sungnam branch of the Suwon District Court for real estate owned by the Plaintiff, which commenced upon the request of the C Bank, and appropriated the payment of the principal and interest of each of the instant loans in preference to KRW 9,540,530 for enforcement costs.

In addition, D Limited Liability Company received dividends of KRW 2,123,986,788 on February 4, 2016 in the discretionary auction procedure for the FF case of the Seoul Central District Court for the real estate owned by the Plaintiff, which started upon the request of C Bank, and appropriated KRW 12,420,169 for the repayment of the principal and interest of each of the loans of this case remaining after the repayment of the enforcement cost.

The defendant is against D Limited Liability Company on July 21, 2017.

After receiving dividends as prescribed in paragraph (1), the remainder of the loan No. 1 of this case was transferred with the principal of KRW 134,418,038, the principal of the loan No. 2 of this case, the total of KRW 400,000,000, and KRW 534,418,038, and the interest claim thereon, etc. (hereinafter “the claim for the transfer of this case”). D limited liability company notified the Plaintiff of the transfer of the claim on October 27, 2017, and the above notification reached the Plaintiff around that time.

E. The instant claim for the transfer money of this case is based on July 21, 2017.

arrow