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(영문) 서울남부지방법원 2018.09.20 2017가단210710
양수금
Text

1. The defendant shall pay 122,394,695 won to the intervenor succeeding to the plaintiff.

2. The plaintiff's claim is dismissed.

3...

Reasons

1. On March 12, 2009, the Defendant concluded a contract for the sale and purchase of a petition construction company (hereinafter “petition construction”), Daeyang Industrial Development Co., Ltd. and Goyang-dong, Yongsan-gu B apartment 301, 1402 (hereinafter “instant apartment”) (hereinafter “instant apartment”).

(hereinafter “instant sales contract”). On April 16, 2009, the Defendant loaned KRW 278,640,000 from the new bank (hereinafter “new bank”) to pay the intermediate payment of the instant sales contract at issue, with the interest rate of KRW 2.8% on the CD distribution rate of three months, plus 9% per annum on the interest rate of KRW 16% per annum, and with the interest rate of KRW 278,640,00.

hereinafter referred to as "the loan contract of this case"

(2) On October 201, the instant sales contract was cancelled, and the new buyer concluded a sales contract for the instant apartment and completed the payment of the sales price on February 5, 2015, the sales price was appropriated for the principal of the instant loan agreement. On December 24, 2013, the new bank transferred the claim against the Defendant under the instant loan agreement to the relevant specialized e-backed limited company, and the said special purpose company transferred the said claim to the Plaintiff on January 22, 2016, and the Plaintiff transferred the said claim to the Plaintiff’s succeeding Intervenor on May 10, 2018, and each of the aforementioned transferor notified the Defendant of the assignment of the assignment of the claim. The interest accrued under the instant loan agreement is an attempted interest to be paid from December 31, 201 to February 5, 2015, as well as KRW 71,39,789, KRW 989, KRW 1605, KRW 989, KRW 2965, KRW 196, etc.

2. Judgment on the plaintiff's successor's claim

A. According to the facts of finding the cause of the claim, the Defendant is obligated to pay the Plaintiff’s Intervenor, the final transferee of the claim under the instant loan agreement, the unpaid interest amounting to KRW 122,394,695, except in extenuating circumstances.

B. The summary of the Defendant’s assertion 1.

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