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(영문) 서울북부지방법원 2015.01.30 2014가단125579
양수금
Text

1. The Defendant’s annual interest in KRW 96,023,408 and KRW 52,167,216 among the Plaintiff, from July 17, 2014 to January 12, 2015.

Reasons

1. Facts of recognition;

A. On December 29, 2006, Han Bank loaned KRW 86,000,000 to the Defendant as a loan for corporate facilities general capital, and agreed that the delayed damage was 19% per annum.

B. On September 25, 2009, Hana Bank transferred the instant loan claims against the Defendant to Korea EF&A Specialized Company in the 2009. On September 28, 2009 (the principal amount of KRW 88,657,400 (the principal amount of KRW 86,00,000), and notified the Defendant of the assignment of claims on September 28, 2009.

C. The limited company specializing in EFA T&A in Korea received dividends of KRW 51,965,724 on February 12, 2010 in the voluntary auction procedure conducted to Suwon District Court B with respect to real estate owned by the Defendant, and appropriated the costs, interest, and principal of the instant loan claims to cover the principal amount, thereby remaining KRW 52,167,216.

On May 12, 2011, the limited company specializing in Ef&A third-party securitization transferred the instant loan claim (principal principal KRW 52,167,216 and overdue interest) to the limited company Ef&A and notified the Defendant of the assignment of the claim on the same day.

E. On November 27, 2013, a limited liability company EPS loan transferred the instant loan claim (principal principal KRW 52,167,216 and overdue interest) against the Defendant to the Plaintiff, and notified the Defendant of the assignment of the claim on December 30, 2013.

F. The Defendant’s loan obligations in this case are KRW 96,023,408 as of July 16, 2014 (the principal amount of KRW 52,167,216).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 11, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder 96,023,408 won remaining after acquiring the instant loan claim and the principal amount of KRW 52,167,216, which is the following day of the above base date, 19% per annum under the agreement from July 17, 2014 to January 12, 2015, which is the delivery date of a copy of the application for change of claim and cause of claim, and the delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion.

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