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(영문) 서울중앙지방법원 2018.09.14 2017나50357
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On June 5, 2009, the Korean Federation secured the Defendant’s real estate J apartment K, which is owned by C and I, the interest rate for J apartment K, which is 3.41% of the base interest rate for MOR (market procurement interest rate), and damages rate for delay shall be applied Article 3(5) of the General Terms and Conditions for L Link Credit Transactions (Provisional Use), but granted a loan of KRW 312,00,000,000 at the highest rate of 19% per annum.

(hereinafter “instant loan”). (b)

On September 6, 2011, the Korea Federation entered into a contract with G for the sale and purchase of assets including the instant loan claims, and the said company entered into a contract on September 26, 201 to transfer the contractual status of the purchaser of the said assets to E-liability company again.

C. On March 23, 2012, E limited liability company received dividends of KRW 374,400,000 in the voluntary auction procedure in the Suwon District Court, Sungnam Branch of the FF branch of the Suwon District Court on the said secured real estate, and performed an appropriation for the payment of the principal amount, but the claims for the instant loans were remaining in KRW 25,908,172, and E limited liability company transferred the instant loans to the Plaintiff (mutual A limited liability company at the time) on June 21, 2013.

The claim for the instant loan remains in KRW 25,908,172 as of March 23, 2012, and the overdue interest rate applied thereto is 15.29% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (1) is the cause of the instant claim, and the Plaintiff lawfully acquired the instant loan claims, and around October 6, 201, the DDR notified the Defendant of each assignment of claims by mail around November 25, 2016, the Defendant asserts that the Plaintiff, the assignee of the instant loan claims, is liable to pay the Plaintiff the principal amount of the instant loan claims amounting to KRW 25,908,172 and damages for delay calculated on the basis of the overdue interest rate from March 24, 2012.

(2) As to this, the Defendant did not receive the notification of the assignment of claims to the instant loan claims, the Plaintiff.

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