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(영문) 광주지방법원 2020.06.26 2019가단538734
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 17% per annum from October 16, 2018 to the date of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, the Defendant entered into a credit transaction agreement with C on December 6, 201, the credit amount of KRW 1,350,000,000, the expiration date of the credit period of December 6, 2012, the credit transaction agreement with 17% per annum, the credit transaction agreement with 1,150,000,000 per annum, the credit amount of December 6, 201, the expiration date of the credit period of KRW 1,150,00,000, the credit transaction agreement with 17% per annum, the credit transaction agreement with 15,00,000, the credit amount of January 10, 201, the expiration date of the credit period of KRW 17% per annum (hereinafter referred to as “credit transaction agreement”).

The Defendant lost the benefit of time by delaying the payment of interest under each credit transaction agreement of the instant case, and C applied for the auction of real estate to Suwon District Court D on the basis of the right to collateral established on real estate owned by the Defendant for the security of obligations under each credit transaction agreement of the instant case.

After March 26, 2015, C transferred its claim against the Defendant based on each credit transaction agreement of this case to E limited liability companies, and delivered a notice of assignment of claim to the Defendant by content-certified mail on April 1, 2015.

On March 24, 2017, the distribution schedule was prepared to distribute KRW 2,385,712,446 to E Limited Company, and the principal amount of loans under each credit transaction agreement of this case remaining after appropriation in the order of expenses, interest, and principal amount is KRW 1,128,293,297.

On October 15, 2018, E Limited Company transferred to the Plaintiff the claims held against the Defendant based on each credit transaction agreement of this case, and sent the notice of assignment of claims to the Defendant on November 27, 2018 by content-certified mail with respect to the assignment of claims.

However, the above content-certified mail is not delivered to the defendant, but the plaintiff on March 11, 2020.

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