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(영문) 서울중앙지방법원 2017.06.20 2017가합9911
양수금
Text

1. As to KRW 349,313,407 and KRW 311,420,092 among the Plaintiff, the Defendant shall start from December 14, 2016 to January 26, 2017.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Our Bank Co., Ltd. (hereinafter “Korea Bank”);

On August 26, 2011, the Defendant lent KRW 400,000,000 to the Defendant at a fixed rate of 13.95% per annum (hereinafter “instant loan”).

(2) Since then, in accordance with the Asset-Backed Securitization Act, the Defendant lost the benefit of time due to the delayed repayment of the principal and interest of the loan. (3) Korea bank concluded a contract for the transfer and takeover of the contract with the United Nations Asset Management Co., Ltd. and the Plaintiff on March 28, 2013, respectively, pursuant to the said Asset-Backed Securitization Act.

Accordingly, the Plaintiff acquired all rights, obligations, and status under the contract for the sale of claims including the instant loan claims against the Defendant of the Bank, and at that time, met the requirements for setting up against the assignment of claims under the Asset-Backed Securitization Act.

3) As of December 13, 2016, the remaining debt of the instant loan as of December 13, 2016 is KRW 349,313,407 (i.e., principal KRW 311,420,092, interest KRW 37,893,315). 【Grounds for Recognition】 Facts that there has been no dispute, and evidence A1 through 4 (if there is a provisional number, including each number)

each entry, the purport of the whole pleading

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 13.95% per annum from December 14, 2016 to January 26, 2017, the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the following day to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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