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(영문) 서울중앙지방법원 2015.04.03 2015가단5058405
양수금
Text

1. The counterclaim Defendant: (a) KRW 88,177,243 to the counterclaim Plaintiff; and (b) annually from October 5, 2013 to March 13, 2015 to KRW 15.

Reasons

1. Basic facts

A. During the period from October 16, 2009 to November 25, 2011, the counterclaim Defendant borrowed a total of KRW 685 million from the new bank (hereinafter “new bank”) Co., Ltd. (hereinafter “new bank”) five times as shown in the separate sheet as shown in the separate sheet.

(1) On August 22, 2012, the first counterclaim Defendant created a collateral security (hereinafter “instant collateral security”) on real estate owned by the counterclaim Defendant to the new bank in order to secure the said loan’s obligation (hereinafter “instant collateral security”).

B. On December 24, 2012, the Plaintiff acquired the above loans to the counterclaim Defendant of the new bank via Nonparty Joint Asset Management Co., Ltd. and the instant collateral security in sequential order. The notice of assignment of the credit of the new bank reached the counterclaim Defendant on December 31, 2012.

C. As the counterclaim Defendant failed to repay the above loans, the Plaintiff filed an application for the auction of real estate rent with Sungwon District Court Sung-nam Branch B by exercising the instant right to collateral security, and received dividends of KRW 627,883,080 in the said auction procedure.

(2) The court below held that: (a) the principal amount of the loan (i.e., the principal amount of KRW 131,000,000 and KRW 131,060,323 - the dividend amount of KRW 627,83,080,080, as indicated in the separate sheet as of October 4, 2013, the repayment claim against the counterclaim Defendant against the counterclaim Defendant was due to the said auction.

On the other hand, on October 31, 2013, the counterclaim Defendant filed a bankruptcy and application for immunity (hereinafter “instant application for immunity”) with the Chuncheon District Court 2013Hadan121 and 2013Ma1120 (hereinafter “instant application for immunity”) and was declared bankrupt on April 11, 2014 by the said court, and was granted immunity on August 28, 2014 (hereinafter “instant application for immunity”). The instant application for immunity became final and conclusive on September 12, 2014.

E. The counterclaim Defendant prepared a list of creditors at the time of the instant bankruptcy and application for immunity, and entered into the counterclaim Defendant of the counterclaim.

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