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(영문) 서울중앙지방법원 2019.07.23 2018가단5244450
양수금
Text

1. The Plaintiff:

A. Defendant B shall pay the full amount of KRW 283,090,410 and KRW 200,000 among them, starting from November 27, 2018.

Reasons

1. Facts of recognition;

A. On March 6, 2008, D Co., Ltd. (hereinafter “D”) lent KRW 1,000,000 to Defendant B (hereinafter “instant loan claim”), and on May 18, 2010, lent KRW 100,000 to Defendant B.

(hereinafter “The instant loan No. 2”). In addition, each of the above loan claims together are “the instant loan claims” (hereinafter “the instant loan claims”).

On May 18, 2010, Defendant C entered into an agreement on May 18, 2010 with respect to the claim for loans of this case for loans of this case with limited collateral guarantee.

C. D transferred the instant loan claims to E Co., Ltd. (hereinafter “E”) on December 16, 2011, and F Limited Liability Company (hereinafter “F”) decided to be succeeded to the status of E’s transferee on December 29, 201 under the Asset-Backed Securitization Act, and D consented thereto.

D A. On December 29, 201 and December 30, 2011, notified Defendant B of the assignment of the above assignment, which reached Defendant B around that time.

On September 28, 2018, F transferred the instant loan claim to the Plaintiff. On October 26, 2018, F notified Defendant B of the assignment of the claim, which reached Defendant B around that time.

E. As of November 14, 2018, the remaining amount of the instant loan claims as of November 14, 2018 is KRW 522,515,420, and interest KRW 434,093,199, and the principal amount of the instant loan claims as of KRW 100,000,000 and interest KRW 83,090,410.

[Based on recognition] Nos. 1 through 9 (including each number), the purport of the entire pleadings, and there is no counter-proof otherwise.

2. According to the facts of the determination as to the cause of the claim, Defendant B is obligated to pay the principal of KRW 100,000,000 to the Plaintiff, the transferee of the claim for the loan No. 1 of this case, and damages for delay thereof, out of the balance of the claim, to the Plaintiff, who is the transferee of the claim for the loan No. 2 of this case. The Defendants jointly and severally agreed with the Plaintiff, the transferee of the loan No. 2 of this case, the principal and interest of KRW 183,090,410

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