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(영문) 서울중앙지방법원 2015.01.08 2014가합561951
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 123,483,33 and the amount of KRW 92,229,05 from November 7, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 20, 2007, the National Bank Co., Ltd. (hereinafter “National Bank”) entered into a credit transaction agreement with the Defendant for a credit limit of KRW 600,00,000 per annum, interest rate of KRW 21% per annum, and the credit period from June 20, 2007 to June 20, 2010. The Defendant borrowed KRW 600,000,000 to the Defendant (hereinafter “instant loan”) and completed the registration of the establishment of a mortgage on the land C building No. 201 (hereinafter “instant real property”).

B. On June 2, 2011, the National Bank: (a) transferred the instant loan claims to Korea EF&A Co., Ltd. (hereinafter “Korea”); (b) on June 28, 201, Korea’s National Bank, and Korea’s Ef&A, Korea’s limited liability company specializing in the 22-backed securitization (hereinafter “the 22-special purpose company”); and (c) Korea’s ef&A transferred the status of the assignee to the 22-special purpose company.

On June 29, 2011, the National Bank notified the Defendant of the transfer of the instant loan claim to the 22th special purpose company.

C. As the Defendant did not repay the principal and interest of this case, the 22nd special purpose company applied for the auction of the instant real estate to Jungyang Branch D on June 1, 201, and on June 7, 2011, the auction procedure of the instant real estate was commenced upon the decision to commence the auction of the said court.

On September 19, 2012, E and F were decided as successful bidders at the open sale date, and on September 24, 2012, E and F agree to the auction court on September 24, 2012 that “the successful bidders shall accept the debt of this case and agree to substitute for the payment of the successful bidders,” together with a written consent of the 22 special purpose company to assume the obligation of the 22 special purpose company, and remaining after deducting the amount to be distributed by the 22 special purpose company.

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