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(영문) 서울중앙지방법원 2019.04.26 2018가합579530
양수금
Text

1. The defendant shall pay to the plaintiff KRW 7,401,136,817 and KRW 7,073,887,00 among them, from October 18, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) From August 6, 2015 to June 2, 2016, C Bank shall enter into a loan agreement with the Defendant with the following terms and conditions (hereinafter “each of the instant loan agreements”).

(1) On August 6, 2018, 200 KRW 2.772: (a) no more than 6% per annum but more than three months: (b) more than 7% per annum on August 6, 2018: (c) interest rate of 8% per annum on August 6, 2015; (d) 80,000,000 won on August 6, 2018; (e) 7% per annum on August 6, 2015; and (e) 2.72,72, 200,000 won on August 6, 2018; and (e) 30,000,000 won on August 6, 2015; and (e) 20,000,000 won on a loan sales contract (hereinafter “OR 27,724, 200,000 won each of the instant loans contract”).

3) The Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

(4) On June 28, 2018, the Plaintiff, a specialized securitization company, entered into a contract under which the Plaintiff acquires all rights, obligations, and status of D, the purchaser of the instant asset sales contract between Cbank and D on June 27, 2018. (4) Cbank, a transferor of each of the instant loans, sent a notice of the transfer of each of the instant loans to the Defendant’s domicile on June 28, 2018 and July 32, 2018, and announced the fact of the transfer of each of the instant loans to the E press and the F press on July 8, 2018.

5) The details of principal and interest of each of the instant loans as of September 20, 2018 are as follows: Interest accrued from the outstanding principal on the date of the loan (from March 31, 2018 to September 20, 2018) overdue interest (from March 31, 2018 to September 20, 2018), (i) 44,672,180 won 221,069,165 won (i) 49,565,836 won 171,50,500 won (i.e., 171,50,50,500,000 won 4,521,520,567,574,750,765,765,74,75,205,205 won) (i.e., KRW 680,680,000,521,54,784,75

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