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(영문) 서울북부지방법원 2018.05.11 2017가단115740
양수금
Text

The Defendant’s KRW 186,608,550 and KRW 139,595,468 among the Plaintiff’s KRW 186,60 and the Plaintiff’s KRW 139,59,468 are annually from February 18, 2017 to March 30, 2017.

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. (hereinafter “National Bank”) loaned KRW 350,00,00 on November 17, 2006 to the Defendant; KRW 6.89% per annum as a fixed interest rate for the first 36 months; thereafter, as a floating interest rate, Article 3(2)2 of the General Terms and Conditions for Credit Transactions shall apply to the rate of interest calculated by adding 0.81% to the floating interest rate; the repayment method paid the above loan after having decided to repay the principal and interest in equal installments; ② the repayment method additionally loaned KRW 50,000,000 on June 23, 2010.

(hereinafter) Each of the above loan agreements entered into between the Plaintiff and the Defendant is "the instant loan agreement", and loans under each of the above agreements are "the instant loans". (b)

Upon entering into the instant loan agreement, the Defendant set up a collateral security (hereinafter “instant collateral security”) with respect to the debtor, the mortgagee, the national bank with the maximum debt amount, and the maximum debt amount, 455,000,000, as well as the Defendant’s mortgage (hereinafter “instant collateral security”) with respect to the Defendant’s debtor, the Koyang-gu B apartment Nos. 2104, Jyang-gu, Seoyang-gu, Seoul (hereinafter “instant real property”).

C. Since then, the Defendant delayed the repayment of the instant loan, the National Bank applied for a voluntary auction of the instant real estate based on the instant collateral security on February 2013, and the decision on voluntary auction was made on February 13, 2013, and the registration of the decision on voluntary auction was completed on February 14, 2013.

On April 1, 2013, when the above voluntary auction procedure was in progress, the National Bank transferred the claim for the loan of this case against the Defendant to the limited company specializing in the securitization thereof (hereinafter “this case-backed securitization company”), and notified the Defendant of the transfer of the claim. The specialized company of this case-backed securitization participated in the above voluntary auction procedure as the transferee of the claim and notified the Defendant of the transfer of the claim. The amount of claim 46,885,384 won reported on September 30, 2013 (= principal amount of KRW 400,000,000 interest of KRW 46,885,384).

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