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(영문) 서울중앙지방법원 2017.04.21 2017가합514024
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from February 5, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 23, 2009, the Industrial Bank of Korea made an agreement to lend funds for small and medium enterprise facilities to the Defendant in installments every three months from April 23, 201 to July 23, 201, and made loans to the Defendant in the amount of interest rate of KRW 1,350,00,000, interest rate fluctuation rate (three months), and delay delay rate of the interest rate of KRW 8% per annum if the period of delay is less than one month, 9% per annum if the period of delay is less than three months but less than three months, and 1,350,000 per annum if the period of delay is more than three months).

(hereinafter “instant loan”). On the date of the instant loan, the Defendant created, respectively, the right to collateral security of KRW 1,75,000,000, and KRW 840,000 on the land and its ground (hereinafter “each of the instant real property”) owned by the Defendant at the Industrial Bank of Korea, Hongsung-gun, Hongsung-gun, Cheongsung-gun, Cheongsung-gun, Cheongsung-gun, Cheongsung-do, 26-12, 26-14, respectively.

Then, around October 6, 2010, the Defendant lost the interest on the loans of this case on the grounds of overdue interest on the Bank of Korea.

B. On March 3, 2011, the Industrial Bank of Korea concluded an asset acquisition agreement with a combined asset management company, and concluded an agreement on March 29, 201 on the transfer and acquisition of the above asset acquisition agreement between the joint asset management company and the Plaintiff and a third party, and transferred the instant loan claim to the Plaintiff who acquired the transferee’s status from the joint asset management company under the asset acquisition agreement, and notified the Defendant of the transfer on March 30, 201.

C. As of August 12, 2016, the instant loan claims amounting to KRW 1,133,232,673 and interest and delay damages amounting to KRW 809,52,760,507 remain.

【Reasons for Recognition: Each entry in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings】

2. Determination

A. According to the fact that the defendant's obligation to pay the acquisition money is recognized, the defendant does not have any special reason to the plaintiff.

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