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(영문) 서울중앙지방법원 2016.12.13 2016가합552753
양수금
Text

1. The Defendant’s KRW 476,014,389 among the Plaintiff and KRW 385,602,497 among the Plaintiff, shall be KRW 87,712,425 from July 18, 2013.

Reasons

1. Basic facts

A. On September 26, 2009, the Industrial Bank of Korea respectively lent to the Defendant, KRW 1.595 billion, and KRW 80 million on February 19, 2010, respectively.

B. On September 4, 2012, the Industrial Bank of Korea concluded with the Yonhap Asset Management Co., Ltd., and on September 26, 2012, the Industrial Bank of Korea transferred the claims against the Defendant to the Plaintiff according to the agreement on the transfer of assets under the agreement on the transfer of assets concluded with the Defendant, and notified the Defendant of the transfer of claims on September 27, 2012.

C. On July 3, 2013, the Plaintiff, as an applicant creditor and a mortgagee, received KRW 576,861,972 in a voluntary auction procedure for the Defendant’s real estate held by the Seoul Southern District Court C, and appropriated KRW 1,498,51,691 in a voluntary auction procedure for the Defendant’s real estate held by the Seoul Southern District Court D on August 29, 2013, as a dividend, to repay the principal and interest of loan.

The Plaintiff’s loan principal and interest claim remaining at present is KRW 476,014,389 in total (i.e., KRW 385,602,49 in total) (i.e., KRW 1,822,099 in total and KRW 87,712,425 in total and KRW 87,368 in total) as indicated in the following table.

The agreement on the initial date of calculation of interest accrued at the rate of interest accrued from the balance of the principal on the date of the loan agreement for the loan subject is the fact that the agreement on February 26, 2009, 385,602,4977,49712,425,4257,368, 13% of the general household loan for 13% on July 18, 2013 of the loan for small and medium enterprises (including the number of pages), and the purport of the entire pleadings as a whole.

2. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff KRW 476,014,389 as well as KRW 385,602,49 as to the loan principal of February 26, 2009 from July 18, 2013, KRW 87,712,425 as to the loan principal of February 19, 2010, KRW 13% per annum as agreed from September 28, 2013 to July 29, 2016, and KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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