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(영문) 서울중앙지방법원 2017.07.13 2017가합9546
양수금
Text

1. The defendant shall pay to the plaintiff KRW 429,092,076 and KRW 90,000 among them, from December 14, 2016 to the date of full payment.

Reasons

1. The Defendant entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with a new bank (hereinafter “new bank”) on June 14, 2006 with each of the following terms: (a) KRW 80,000,000 (on June 15, 2007), KRW 90,000,000 on April 16, 2008; and (b) KRW 150,000,000 on January 12, 2009 (on January 10, 2010).

On November 27, 2012, pursuant to the Asset-Backed Securitization Act, a new bank entered into an asset acquisition agreement with a joint asset management company on the transfer of claims, etc. against the Defendant arising from loans under the instant credit transaction agreement. On December 24, 2012, a new bank and a joint asset management company entered into an agreement on the transfer and acquisition of assets between the Plaintiff and the Plaintiff pursuant to Article 10(6) of the Asset-Backed Securitization Agreement with the content of transferring the status of the joint asset management company as a transferee holding the status of the Plaintiff according to the said asset acquisition agreement. On the same day, the new bank entered into a registration with the Financial Services Commission of the transfer of claims against the Plaintiff pursuant to Article 6 of the Asset-Backed Securitization Act.

The Plaintiff publicly announced the assignment of claims to B in the new daily newspaper and the nationwide newspaper, and notified the Defendant of the assignment of claims on December 27, 2012.

The details of the credit subject to transfer (as of October 18, 2012) attached to the notice of credit transfer are 90,000,000 won under the credit transaction agreement dated April 16, 2008, 150,000 won of the loan principal under the credit transaction agreement dated January 12, 2009, and 7,00,00,000 won of the loan principal under the credit transaction agreement dated June 15, 2006, and interest and provisional payment claim for each of the above principal.

The remaining principal and interest claims based on the instant credit transaction agreement shall be as follows as of December 13, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, unless there are special circumstances.

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