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(영문) 서울중앙지방법원 2015.10.02 2015가단5287845
양수금
Text

1. The Defendant’s annual interest in KRW 270,692,538 and KRW 138,927,946 among the Plaintiff, from June 6, 2015 to July 26, 2015.

Reasons

1. Facts of recognition;

A. On August 6, 2007, the Bank agreed to lend KRW 200 million to the Defendant, applying the fluctuation interest rate, and the due date was extended on July 31, 2008 (after this, extended to July 31, 2009), the delay compensation rate was 17% per annum less than three months, and 19% per annum for not less than three months.

B. Since then, the Defendant lost the benefit of time due to the Defendant’s failure to pay the principal and interest of the above loan.

C. On June 18, 2009, our Bank Co., Ltd. transferred each of the above claims to a limited company specializing in securitization on June 30, 2009 and notified the Defendant of the transfer on July 2, 2009.

In Korea, the Seoul Northern District Court B, on June 8, 2010, received dividends on the real estate owned by the Defendant and appropriated the principal and interest in accordance with the method of statutory appropriation of performance.

E. On May 14, 2010, a limited company specializing in Ef&A’s Second Asset-backed Securitization (hereinafter “Korea Ef&A”) transferred the above bonds to the Komato2 Savings Bank, and notified the Defendant of the transfer on or around June 16, 2010.

On December 13, 2011, Homato2 Savings Bank Co., Ltd. transferred the above bonds to APS Deposit Co., Ltd. and notified the Defendant of the transfer around March 28, 2012.

A. On June 3, 2013, A.S. limited liability company transferred the above bonds to the Plaintiff and notified the Defendant of the transfer on September 27, 2013.

F. As of June 5, 2015, the principal of the loan is KRW 138,927,946, and damages for delay are KRW 131,764,592.

[Reasons for Recognition] Each entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant, a final transferee, has the original of the instant payment order from June 6, 2015, which is the date following the base date for calculating the principal and interest, with respect to KRW 270,692,538 (won 138,927,946, KRW 131,764,592) and the principal of KRW 138,927,946.

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