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(영문) 서울북부지방법원 2016.11.04 2016가단120974
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 19% per annum from December 12, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 7, 2006, the Defendant obtained a loan of KRW 530 million from the Bank of Korea (hereinafter “Korea Bank”) at interest rate of KRW 6-9% per annum, KRW 19% per annum, KRW 30 million per annum, KRW 30 million per annum, and KRW 6% per annum, and KRW 6 July 6, 2006 (hereinafter “instant loan”).

B. On December 15, 2009, the Korean bank transferred the instant loan claims to a limited liability company specializing in the asset-backed securitization (hereinafter “asset-backed securitization Act”) under the Asset-Backed Securitization Act, and on January 5, 2010, publicly announced the transfer of claims in two or more daily newspapers pursuant to Article 7 of the Asset-Backed Securitization Act.

C. On September 30, 201, 201, our company specialized in the first-class securitization transferred the instant loan claims to Cable Partners Limited Company, and notified the Defendant of the transfer of the instant loan claims on October 14, 201. On November 27, 2013, Crable Partners Limited Company transferred the instant loan claims to the Plaintiff, and notified the Defendant of the transfer of the instant loan claims on December 30, 2013, and the Plaintiff filed the instant lawsuit, accompanied by a copy of each of the instant notification of the transfer of claims, and then the Plaintiff served the Defendant with the instant complaint on May 23, 2016.

As of December 11, 2015, the principal and interest of this case remains 827,292,344 won in total, including the principal and interest of 427,447,45 won as of December 11, 2015, interest or delay damages, 39,84,889 won in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Gap evidence Nos. 3 and 4-1, 2, Gap evidence Nos. 5 and 7, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff a delay interest rate of 19% per annum from December 12, 2015 to the day of full payment, which is the day following the base date for calculating the principal and interest, of KRW 1,00,000,000, which is the sum of the principal and interest of this case, and the Plaintiff’s total sum of KRW 827,292,344.

3. The defendant's assertion.

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