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(영문) 수원지방법원 2020.05.28 2020가단511293
양수금
Text

1. The Defendant’s 621,522,868 won and its 94,411,810 won among the Plaintiff’s 621,52,868 won per annum from January 29, 2020 to April 23, 2020.

Reasons

1. Facts of recognition;

A. On July 16, 2007, D Union set the repayment period to E on July 16, 2010, the interest rate of 6.7% per annum, and damages for delay rate of 14.7% per annum according to the overdue period. In order to secure the payment of the above loan obligation, D Union set the right to collateral security on the F and G forest (hereinafter “the forest of this case”).

B. On December 27, 2013, D Union transferred the above loan claims to the Plaintiff, and notified E of the assignment of the above loan on the same day. At that time, D Union transferred the registration of creation of the neighboring forest land of this case to the Plaintiff.

C. When E delays the payment of the above loans, the Plaintiff filed an application for voluntary auction on the instant forest land (J) and on the date of distribution progress on May 27, 2015, 971,529,420 won (i.e., principal amount of KRW 471,529,430) with the applicant creditor and the mortgagee who reported the amount of principal and interest claim (i.e., principal amount of KRW 500 million), the distribution schedule became final and conclusive; and the Plaintiff received the said dividends and appropriated both for the principal of the said loan.

As of January 28, 2020, the principal and interest of the loan amounting to KRW 621,522,868 (=the principal of the loan amounting to KRW 94,411,810 or delay damages amounting to KRW 527,11,058) remains.

E. Meanwhile, E died on December 21, 2012, and as I renounced his/her inheritance among his/her property inheritors, the Defendant inherited his/her inherited property solely.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, the defendant, a successor of E, shall pay to the plaintiff, a transferee of the above principal and interest of loan totaling KRW 621,522,868 and the principal of loan totaling KRW 94,41,81,810 from January 29, 2020 to April 20, 2020 to April 23, 2020, the date of delivery of a copy of the application for change of the purport of claim and the cause of claim as of April 23, 2020.

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