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(영문) 서울중앙지방법원 2018.10.16 2018나16941
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On April 29, 201, Defendant A Co., Ltd. (the trade name before the change was referred to as “F Co., Ltd.”; hereinafter “Defendant Company”) obtained a loan of small and medium enterprise funds from the Industrial Bank of Korea from April 29, 201 to April 29, 201, by setting the loan rate of KRW 1,200,000,000, and the loan period from April 29, 2011 to April 29, 2012 (hereinafter “instant loan”); Defendant B, setting the guarantee limit of the instant loan as KRW 612,00,000,00.

After that, on April 30, 2012, July 30, 2012, and January 30, 2013, the Defendants changed the terms and conditions of the loan, including the extension of the period of the loan through an additional arrangement to change and add the terms and conditions of the loan.

B. On the other hand, on November 27, 2013, the Industrial Bank of Korea concluded an asset acquisition agreement on the purchase and sale of non-performing loan claims, including the principal and interest of the instant loan, with a sullar, other than Pulin Luls, not Pulin Luls, and transferred its own rights and obligations under the asset acquisition agreement to a limited company specialized in the UN Esulpion-backed securitization pursuant to the above asset acquisition agreement. Accordingly, on December 30, 2013, the Industrial Bank of Korea notified the Defendant, the principal debtor, by mail, of the transfer of the credit.

C. On August 7, 2015, the UNSP Specialized Company transferred the principal and interest claim of this case, which is the balance of the principal outstanding to the Plaintiff, 77,001,760, to the Plaintiff; on September 30, 2015, notified the Defendant Company of the transfer of the principal and interest claim by mail verifying the content.

E. As of May 8, 2017, the principal amount of the instant loan is KRW 77,001,760, and the accrued interest and overdue interest are KRW 20,788,919 (i.e., attempted interest amounting to KRW 5,05,251 (i.e., accrued interest amounting to KRW 5,05,251), and the overdue interest rate is KRW 11%.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, special circumstances exist.

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