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(영문) 수원지방법원 2017.01.24 2015가합6480 (1)
양수금
Text

1. Defendant B’s KRW 1,105,010,574 as well as 11% per annum from October 24, 2015 to November 4, 2015 to the Plaintiff.

Reasons

Facts of recognition

The Plaintiff is a juristic person established to carry out asset-backed securitization business in accordance with the asset-backed securitization plan to be registered with the Financial Services Commission under the Asset-Backed Securitization Act; Defendant B is a juristic person established to carry out the business of producing gold and plastic products in the trade name of “C” from March 15, 2004 to March 31, 2015; and Defendant A Co., Ltd (hereinafter “Defendant Company”) is a juristic person established to carry on the business of manufacturing plastic products and wholesale and retail business on February 11, 2015.

On July 2, 2008, 350,000,00 on July 2, 2008; 300,000,00 on July 2, 2008; 20,000,00 on April 1, 2009; 70,000,000 on September 1, 201, 200; 30,000; 42,750,000 on September 3, 20, 200; 30.40,00 on August 3, 20, 200; 10,000 on August 3, 20, 200;

On June 4, 2015, the Industrial Bank of Korea concluded an asset acquisition agreement on the claims for the loans against the Union Asset Management Co., Ltd. and Defendant B.

On June 26, 2015, the Plaintiff, the Joint Asset Management Co., Ltd., and the Industrial Bank of Korea concluded an asset acquisition agreement with the Plaintiff on the acquisition of the claims against Defendant B, and the Industrial Bank of Korea notified Defendant B, the debtor, that the above loan claims were transferred to the Plaintiff on June 29, 2015.

On the other hand, as of October 23, 2015, the sum of the principal of the Plaintiff’s loan claim against Defendant B as of October 23, 2015 and interest or delay damages by the rate of 11% per annum is KRW 2,210,021,148 (=original KRW 1,890,750,000 or delay damages).

[Reasons for Recognition] There is no dispute.

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