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(영문) 서울중앙지방법원 2019.08.14 2018가단5129988
양수금
Text

1. The defendant shall pay to the plaintiff KRW 87,150,492 and KRW 33,978,151 among them, from September 25, 2013 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) C Co., Ltd. (hereinafter “C Bank”)

On February 12, 2007, the Defendant entered into a loan transaction agreement with the Defendant to repay 140,000,000 won at an interest rate, and twenty (20) years (36 months during a grace period) in installments, such as the principal, etc., and on February 20, 207, the above loan (hereinafter “instant loan 1”) to the Defendant on February 20, 207.

In addition, on April 10, 2012, C Bank entered into a loan transaction agreement with the Defendant to repay 74,000,000 won at an interest rate and 30 years (36 months during a grace period) in installments, such as the principal amount. On April 16, 2012, C Bank entered into a loan transaction agreement with the Defendant to repay 74,00,000 won at an interest rate, and on April 16, 2012, the said loan (hereinafter “the instant loan”) was

(2) On December 4, 2012, C Bank concluded an asset acquisition agreement, including each of the instant loans, with D Co., Ltd., and D Co., Ltd entered into an asset acquisition agreement with D Co., Ltd. on December 28, 2012 to transfer all rights and obligations under the said asset acquisition agreement to the Plaintiff.

On December 31, 2012 and January 2, 2013, C Bank notified the Defendant that it transferred each of the instant loans to the Plaintiff by content-certified mail.

3) Meanwhile, on September 17, 2012, as the Incheon District Court E, filed an application for the auction of real estate in relation to the F apartment G, Seo-gu Incheon District Court E, Incheon, which held by the Defendant, and decided to commence the auction on September 18, 2012. On May 14, 2013, the Plaintiff received dividends of KRW 101,110,436 as the assignee of the claim for each of the loans of this case on the date of distribution. 4) The Plaintiff paid dividends of KRW 3,007,579, KRW 18,000,000 (i.e., interest of KRW 40,113,169, interest of KRW 51,762,510, KRW 510, KRW 825,00, KRW 408,00, KRW 180, KRW 708,008, KRW 708,000 of the principal loans of this case.

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