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(영문) 서울중앙지방법원 2018.03.23 2017가단5203315
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 133,964,529 and the amount of KRW 79,235,770 from September 12, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant’s status and the nonperformance of his/her obligation, when entering into a credit transaction agreement with one bank, shall implement the terms and conditions of the one bank, and shall follow the rate of delay damages applied by the said terms and conditions, and shall receive a loan from one bank under the said agreement, but it has lost its interest due to delayed payment of the remaining principal and interest of the loan in accordance with the credit transaction agreement and has lost its interest due to delayed payment of KRW 79,235,70.

Loan subjects: Loan amounts of household finance general loan: 300,000,000 won: May 28, 2008

The Plaintiff’s status and claim 1) The claim that one bank holds against the Defendant is concluded on August 25, 201 between Han Bank and the National Bank of Korea and Korea EF&A Co., Ltd., and between Han Bank and the National Bank of Korea, Han Bank and the National Bank of Korea, and Korea AF&A Co., Ltd., and Korea, based on the transfer of the asset acquisition agreement as of September 26, 201 and the acquisition agreement, Korea was concluded on September 26, 2011 and notified the Defendant of the transfer agreement on February 18, 2014, the Plaintiff was in the status of the transferee of the above claim against the Defendant, and the Plaintiff was in the status of the transferee of the above claim as of February 18, 2014. On the other hand, in the case of the auction of real estate B in Seoul Northern District Court, the Plaintiff failed to pay the remaining debt to the Defendant, and was insufficient to meet the total amount of the dividend amount of KRW 312,8124,24.

In this regard, the 12th securitization specialized company transferred the above remaining claims to the Plaintiff, and on January 2, 2017, the remaining obligations of the acquisition money claim against the Defendant are as follows.

The subjects and the first principal: Interest that is intended to receive a loan of general household finance finance amounting to KRW 79,235,770: 14,208,167 overdue interest amounting to KRW 40,520: The base date of KRW 40,520,592: December 31, 2013.

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