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(영문) 서울중앙지방법원 2019.10.08 2018가단5149845
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 150,032,064 and the amount of KRW 81,714,387 from May 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. Nonparty C (hereinafter “C”) lent KRW 450,00,000 on September 16, 2005, gold 500,000,000 on September 16, 2010, gold 150,000,000 on December 22, 2010, and gold 180,000,000 on February 17, 201, respectively, to the Defendant, who operated the book publishing business under the trade name of “D.”

(hereinafter collectively referred to as “instant loan claims”). B.

C On August 30, 2012, in order to secure the instant loan claims and the instant loan claims, C transferred all assets related to the instant loan claims, such as a collateral security, to E-company in accordance with the Asset-Backed Securitization Act, and completed the procedure of notification of the transfer.

C. On June 18, 2013, E limited liability company proceeded with the auction procedure for the instant secured real estate as F of the Seoul Southern District Court, and received dividends of KRW 1,291,307,80 on June 18, 2013, and filed an application for repayment in the order of the principal and interest of the instant loan claims (as of June 18, 2013), as indicated below, in the order of the principal, interest, and principal.

As a result of the above appropriation of the loan claim of this case, as of June 18, 2013, the principal amounted to KRW 66,714,387 among the loan claims as of December 22, 2010, and KRW 180,000,000 among the loan claims as of February 17, 201.

In addition, as of June 18, 2013, E limited liability companies have re-paid 165,00,000 won of the refund under the instant credit transfer agreement to the above remaining claims, and as of June 18, 2013, the amount of the credit finally remaining out of the principal and interest of the instant loan claims as of June 18, 201 was 81,714,387 out of the loan claims as of February 17, 201 (=6,714,387 won) - 165,00,000 won out of the loan claims as of February 17, 201.

On August 12, 2016, E Limited Company transferred to the Plaintiff the claim for delayed payment under KRW 81,714,387 (as of June 18, 2013) and annual interest rate on delayed payment, 17% (as of June 18, 2013) among the instant loan claims, and notified the Defendant of the transfer around that time.

E. The above D.

The remaining principal and interest of claims as of May 2, 2018 = 150,032,064 = Principal and interest of KRW 81,714,387 = 42,023,311.

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