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(영문) 서울중앙지방법원 2016.11.30 2015가합18478
양수금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 137,115,013 and interest thereon from July 19, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On April 30, 2009, the Defendant concluded a contract for the sale in lots (hereinafter “instant contract for sale in lots”) with the construction company for petition (hereinafter “construction”), Daeyang Industrial Development Co., Ltd. (hereinafter “Dayang-dong Co., Ltd.) and the Hanyang-dong B apartment No. 313 804 (hereinafter “instant apartment”).

B. On May 20, 2009, for the payment of the intermediate payment of the instant sales contract, the Defendant borrowed 278,960,000 won from the new bank (hereinafter “new bank”) at the interest rate of 3 months the CD circulation profit rate of 2.8%, 9% per annum, 16% per annum, and 19% per annum, by adding the overdue interest rate of 3 months to the aforesaid interest rate of delay damages.

(hereinafter referred to as the “instant loan agreement”). The Plaintiff: (a) the details of the division (hereinafter referred to as the “instant loan agreement”) are 3,305,919 in the disposal of the deduction amount at the preferential beneficiary; (b) 17,000,000 cxc occupancy promotion fees and 22,000,000 cxc occupancy promotion fees; (c) the value-added 13,292,883 in the intermediate payment loans at cx00,000 value-added 6,329,728 New Cooperatives (Japan) 2,278,960,000 in the intermediate payment loans to the Plaintiff preferential beneficiary 2,243,639,000 in the intermediate payment loans at 1278,243,639,000 in the intermediate payment loans to the said beneficiary; and (c) the Plaintiff: the Plaintiff

C. In around 2011, the petitioner construction rescinded the instant sales contract on the grounds of the Defendant’s failure to pay the remainder, and thereafter the new buyer concluded a sales contract on the instant apartment, and completed the payment of KRW 523,050,000, the sales price of the instant apartment around May 27, 2015, the said re-sale price was settled as follows with the Plaintiff’s consent and appropriated the said re-sale price for the principal of the instant loan agreement, and the amount unpaid under the instant loan agreement is KRW 137,115,013, including interest, etc. from December 31, 201 to May 27, 2015.

On December 24, 2013, the New Bank of Korea: (a) transferred the claim under the instant loan agreement against the Defendant to the Plaintiff; and (b) on January 25, 2016, the Plaintiff transferred the claim to the Plaintiff’s Intervenor; and (c) each transferor notified the Defendant of the assignment of the claim.

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