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(영문) 서울중앙지방법원 2015.01.29 2013가단81604
대여금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 80,969,782 and interest thereon from May 17, 2014 to the date of full payment.

Reasons

1. Basic facts

A. A. Around December 18, 2007, the Defendant concluded a sales contract with the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang”) in order to purchase the Namyang-ju apartment 110 dong 10 dong 1003 (hereinafter “instant apartment”).

B. Each loan transaction agreement under the name of the Defendant (hereinafter “each of the loan agreements of this case”) is prepared between the Plaintiff and the Plaintiff as follows.

- The loan transaction agreement dated June 20, 2008: General loan for the subject of loan(s) and 239,800,000 won - the loan transaction agreement dated March 10, 2010: General loan for the subject of loan, amount of 59,950,000 won

C. Each loan agreement of this case contains a letter in the name of the defendant (including the statement that all the powers concerning the receipt of the loan amount are delegated to the Dongyang, and that the loan is consented to deposit in the bank designated by Dongyang by executing the part payment conference at the time of the plaintiff's request by the plaintiff) and a proxy (including the statement that delegates the plaintiff to pay the loan in the Dongyang account in support of the housing loan from the bank) in the name of the defendant, and a letter of consent to the provision and use of personal credit information in the name of C (for a spouse credit information inquiry), and a certified copy of resident registration as of May 16, 2008 issued by the defendant upon application by the defendant is attached.

The Plaintiff implemented the loan by depositing the loans into the Dongyang's account on the basis of each of the instant loan agreements, letter in the name of the Defendant, and power of attorney.

E. On December 24, 2013, the Plaintiff transferred a loan claim based on each of the instant loan agreements (hereinafter “the instant loan claim”) to a specialized e-backed securitization company, and notified the Defendant on January 23, 2014.

Plaintiff

On December 30, 2013, an succeeding intervenor acquired the instant loan claim and applied for intervention in the instant lawsuit on March 26, 2014, and the Plaintiff.

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