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(영문) 서울북부지방법원 2018.12.18 2018가단123717
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 191,287,278 and the amount of KRW 105,091,826 from March 28, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to evidence Nos. 1-5 and evidence Nos. 2 through 5, the new bank loaned 288 million won to the Defendant on March 23, 2005, and the new bank transferred the above claim to the KND DF specialized in the securitization on December 24, 2012 and notified the Defendant of the transfer at the time. The address where the new bank notified the Defendant of the transfer was the address where the new bank transferred the above claim to the Defendant on August 25, 2015; the KND specialized in the securitization on credit was the Defendant’s resident registration domicile Nos. 509, 1502; the transfer of the above claim to the Plaintiff on August 25, 2015; the delivery of the above claim to the Defendant on July 17, 2018; the obligation of the Defendant to pay the principal to the Plaintiff at the rate of KRW 105,186,281,2985,2986.

2. The defendant asserts that the principal was repaid through the voluntary auction for the real estate provided as security for the above loan.

According to the evidence No. 1-5 and evidence No. 5, the decision to commence the auction on August 27, 2012 on real estate owned by the Defendant was rendered by Suwon District Court C on August 27, 2012, and the fact that the amount of KRW 384,632,734 was distributed on May 30, 2013 is recognized.

However, comprehensively taking account of the overall purport of the pleadings as to Gap evidence 3-1 and Eul evidence 5, as a whole, the loan balance on July 20, 201 to the defendant on July 20, 2009, KRW 19,908,728, and KRW 279,99,729, and the loan balance on March 23, 2005, KRW 48,919,440, KRW 40, June 10, 2005, and the loan balance on August 3, 2006, KRW 95,00,000, KRW 72,00,000, KRW 90,000, KRW 90,000, KRW 729,000, KRW 279,000, KRW 27,000, KRW 36,000, KRW 36,008, etc. at the time of commencement of auction.

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