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(영문) 서울중앙지방법원 2015.01.09 2013가단336243
양수금
Text

1. As to the Intervenor succeeding to the Plaintiff, the Defendant: (a) KRW 89,552,638 and KRW 75,36,263 among the Plaintiff’s Intervenor; and (b) from August 1, 2013 to November 19, 2013.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the grounds for the claim Gap's evidence Nos. 1 and 5, the Industrial Bank of Korea loaned KRW 350 million to the defendant on March 3, 2009. The Industrial Bank of Korea extended the loans of KRW 350 million to the defendant on June 28, 201, the plaintiff on February 27, 2014, and the plaintiff to the defendant on February 18, 2014, and the CCCCCCCP limited liability company transferred the above loans to the defendant to the plaintiff succeeding intervenor on April 18, 2014, and the above transferor notified the defendant of the transfer of the above loans by the time of the above transfer; as of July 31, 2013, the principal and interest of the loans are KRW 89,552,638 (=75,366,2636, 14,186, and 375).

According to the above, the defendant is obligated to pay to the plaintiff succeeding intervenor 89,552,638 won and the balance of loans 75,366,263 won from August 1, 2013 to November 19, 2013, which is the service date of the original copy of the payment order in this case, 11% per annum, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

(2) On February 2, 201, the plaintiff's claim is dismissed as the plaintiff transferred his claim against the defendant as seen earlier while the lawsuit in this case is pending.

A. The Defendant asserted that the Defendant would pay out only within the scope of the proposed collateral at the time of borrowing from the Industrial Bank of Korea, and set up a mortgage on apartment premises owned by the Defendant.

In other words, even if the Industrial Bank of Korea fails to meet all the claims with the secured goods, the remaining obligations are extinguished. Therefore, there is no defendant's obligation based on the loans in this case.

B. According to the purport of the entire argument of the judgment, the defendant, on March 3, 2009, shall be KRW 420 million with the maximum debt amount to secure the loan obligation of this case to the Industrial Bank of Korea on March 3, 2009.

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