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(영문) 서울중앙지방법원 2019.07.24 2019가단5049508
양수금 중 일부금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from January 5, 2019 to the date of complete payment.

Reasons

1. Determination

A. Comprehensively taking account of the overall purport of the statement in the evidence No. 1-5 of the judgment as to the cause for the claim and the entire pleadings, the Defendant, the obligor of the loan, is obligated to pay damages for delay calculated at the rate of 15% per annum, which is the interest rate on the loan principal of December 11, 2014, to the Plaintiff, the assignee of the loan claim, as part of KRW 600 million per annum, which the Plaintiff seeks, from January 5, 2019 to the date of full payment.

B. The Defendant’s assertion and its determination 1) The Defendant’s assertion are as follows: C Co., Ltd. (hereinafter “C”) which is a financial institution of the above loan on December 11, 2014.

(C) No. 7 F of the land E on the ground of Kimhae-si and one parcel (hereinafter referred to as “instant real estate”).

(2) As to the maximum debt amount, the registration of creation of a mortgage was completed on the basis of the maximum debt amount of KRW 960 million. After that, the Defendant donated the instant real estate to G on the condition that G succeeds to the above debt of the loan. The Defendant, upon application for a voluntary auction of the real estate, had been conducted prior to the alteration of the debtor of the right to collateral security established on the instant real estate before the alteration of the said right to collateral security established on the instant real estate. Meanwhile, G filed an application for corporate rehabilitation with the Changwon District Court. Accordingly, as the Plaintiff’s claim is a corporate rehabilitation claim, the instant claim of this case should be dismissed. 2) Even if the Defendant asserts all of the facts, there is no evidence suggesting that the Defendant consented to the Defendant’s succession to the Defendant’s medical corporation’s obligation (the assumption of obligation by G, a medical corporation), and the assumption of obligation between the debtor and the third party cannot be asserted against the creditor (see Article 454(1) of the Civil Act). The Defendant’s assertion in this case where

2. Conclusion, the plaintiff's claim is justified.

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