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(영문) 서울중앙지방법원 2017.08.11 2017가합506504
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 585,702,842 and KRW 341,077,92 of these amounts from March 14, 2016.

Reasons

Facts of recognition

On March 15, 2006, the Bank of Korea (hereinafter “Korea Bank”) entered into a credit transaction agreement with Defendant A to set the loan amount of KRW 600,000,000,00 for general loan of loans, the loan amount of KRW 600,00,00 for the loan, and the due date of payment on March 15, 2010 for the repayment rate of KRW 19% for the loan of KRW 600,000 for the loan of KRW 60,000 for the same day (hereinafter “the loan of this case”), and Defendant B, the spouse of Defendant A, guaranteed Defendant A’s debt of the loan of this case to Korea on the same day to the extent of KRW 100,000 for the loan of this case.

In addition to the instant loan, Defendant A was also granted loans from the Bank in addition to the instant loan amounting to KRW 470,00,000 on September 6, 2005 (19%) and KRW 305,765,392 on February 26, 2009 (19% on February 26, 2010), respectively.

On June 29, 2010, the assignment of claims and the notice bank transferred the instant loan claims to Defendant A, the loan claims made on September 6, 2005, the loan claims made on February 26, 2009, and the security rights thereto to Defendant A on June 29, 2010, and notified Defendant A of the fact that each of the above assignment of claims was made on July 1, 2010. On January 24, 2011, the company specializing in ENF error-backed securitization transferred each of the above loans claims and the security rights thereto to the Humato2 Savings Bank Co., Ltd. and notified Defendant A of the fact that each of the above assignment of claims was made on February 17, 2011.

On May 28, 2010, Korea Bank was voluntarily decided to commence auction on the basis of the collateral security right established on real estate, such as the Seoul Jongno-gu Seoul District Court’s land and its ground buildings. On June 4, 2012, Neamato2 Savings Bank, which acquired each of the above loans claims and security right from Korea Bank, was distributed the amount of KRW 1,658,878,363 (1,644,00,000 execution cost of KRW 14,827,690 safekeeping amount of KRW 50,673) at the above auction procedure.

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