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(영문) 서울중앙지방법원 2016.04.01 2015가단126792
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts falling under any of the following subparagraphs of basic facts may be acknowledged either in dispute between the parties, or in full view of the purport of all pleadings in each entry in the evidence No. 1, No. 2, and No. 4:

The Plaintiff was granted loans of KRW 40,769,00,000 on November 30, 2007 from the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) with respect to Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”), as to the real estate B, Eunpyeong-gu, Seoul, and KRW 40,769,000,000 on August 28, 2008, respectively, to the Plaintiff.

(hereinafter “instant loans”) loan details are as follows.

The loan interest rate (interest rate) interest rate (interest rate) of the kind of loan extended on the date of loan (interest rate) shall be 25% on November 30, 2007 on the date when the overdue interest rate (interest rate) due to the due date (interest rate), 11% on April 30, 2007, 25% on April 30, 2009 on April 30, 2009 on April 28, 2008, 45,000,000 for general loans on August 28, 2008, 125% on June 18, 2009, total 395,000,000,0000 on June 18, 2009.

On June 19, 2009, the Solomon Savings Bank entered into a contract with the Korea Asset Management Corporation to transfer KRW 395,00,000 and the sum of KRW 52,521,857 and the sum of KRW 447,52,521,857 (hereinafter referred to as the "transfer contract of this case") and transferred the above claim to the Korea Asset Management Corporation.

The details of transfer are as follows:

In netly, interest (won) on the balance of the loan extended at first time is 350,00,000 350,000,000 47,684,490 397,684,690 245,000,000,000 45,000,0000,000 4837,367, 367, 49,837, 367, 39,837, 367, 395,000,000,000 395,000,000,521,521,85747,521,857.

The Korea Asset Management Corporation cancelled the transfer contract of this case on January 31, 2013, when the Plaintiff failed to repay the said transfer amount, and followed the settlement procedure between Solomon Savings Bank and Solomon Savings Bank.

The Solomon Savings Bank was declared bankrupt by the Seoul Central District Court on April 30, 2013, and the defendant was appointed as the bankruptcy trustee.

E. The defendant is the plaintiff.

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