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(영문) 광주지방법원 2016.08.19 2015가합60094
양수금
Text

1. The Defendant: (a) KRW 2,210,193,209 to the Plaintiff; and (b) KRW 14% per annum from June 18, 2013 to December 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of selling and selling non-performing loans, managing and recovering assets purchased, and B (hereinafter “B”) is a stock company established for the purpose of e-commerce business, etc.

B. On March 31, 2009, C (trade name before B’s change) on the date of repayment from the Industrial Bank of Korea on March 31, 2009, the Industrial Bank of Korea set the payment period as March 31, 2010, and the compensation rate for delay as 14% per annum and received a loan of USD 1,00,000 (hereinafter “instant loan 1”) (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the above loan obligations.

On March 31, 201, the Industrial Bank of Korea and B entered into an agreement to change the amount of the above loan obligation to US$ 2,300,000, and the due date for payment to April 26, 2012. On April 26, 2012, the Bank entered into an agreement to change the amount of the above loan obligation to US$ 2,000,000, and the due date for payment to May 7, 2013.

C. B: (a) on February 23, 201, the Industrial Bank of Korea made a loan of KRW 500,000,000 (hereinafter “instant second loan”) with the maturity of repayment on February 23, 201, setting the rate of damages for delay as 14% per annum; (b) on November 11, 201, the maturity of repayment was set at 14% per annum, and (c) obtained a loan of KRW 400,00,000 (hereinafter “instant third loan”); and (d) the Defendant jointly and severally guaranteed each of the above loans.

On November 27, 2012, the Industrial Bank of Korea entered into a contract on the acquisition of assets to transfer the instant loan claims with a Japanese company, Insulgyn Insuln (hereinafter referred to as “insulgninn”). On December 21, 2012, the Industrial Bank of Korea entered into a contract on the acquisition of assets to transfer the instant loan claims with the Industrial Bank of Korea and the United Nations Esulbn (hereinafter referred to as “NS error”) with a limited liability company specialized in in in insulginn and Esulgn-backed securitization (hereinafter referred to as “NS error”).

E. On December 5, 2014, the UNFCCC error transferred the instant loan claim to the Plaintiff on December 5, 201, and thereafter on December 19, 201.

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