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(영문) 서울중앙지방법원 2015.09.22 2015가단104815
양수금
Text

1. As to KRW 50,722,153 and KRW 39,171,694 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 14, 2015 to May 15, 2015.

Reasons

1. Basic facts

A. On June 12, 2006, the Defendant approved that the basic terms and conditions of credit transaction apply from Han Bank Co., Ltd., and concluded a contract for corporate loan of KRW 650,000,000 (hereinafter “first loan”). On the same day, the Defendant concluded a mortgage contract with the above bank and the debtor as to apartment owned by the Plaintiff with a maximum debt amount of KRW 845,00,000,000 with respect to an apartment owned by the Plaintiff, and concluded a mortgage contract with the above bank as the Seoul Central District Court No. 44121, Jun. 12, 2006.

The defendant received 650,000,000 won from the above bank around that time.

B. On October 2, 2007, the Defendant approved that the basic terms and conditions of credit transaction apply to the above bank, and concluded a loan contract for corporate driving loan of KRW 70,000,000 (hereinafter “instant loan”). On the same day, the Defendant concluded a mortgage contract with the above bank as to the instant apartment with the debtor as the defendant and the maximum debt amount of KRW 91,00,000 with respect to the instant bank, and completed the registration of establishment of a neighboring mortgage by the Seoul Central District Court No. 5592, Oct. 2, 2007.

The defendant received KRW 70,000,000 from the above bank around that time.

C. On February 11, 2008, the Defendant approved that the basic terms and conditions of credit transaction apply from the above bank, and additionally concluded a household general loan agreement of KRW 30,000,000 (hereinafter “third loan”). At that time, the Defendant received KRW 30,000,000 from the above bank.

Since then, the Defendant lost the benefit of time by failing to timely pay the principal and interest specified in the instant loans 1, 2, and 3.

Around May 201, the above bank transferred the principal and interest claim under each of the above loans to the Plaintiff, and notified the Defendant of such fact. The Plaintiff at the auction procedure for the apartment owned by the Plaintiff for securing the instant 1, 2, and 3 loans, the principal and interest specified in the instant 1, 2, and 3 loans.

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