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(영문) 서울중앙지방법원 2016.11.23 2015가단195750
양수금
Text

1. The defendant shall pay KRW 36,535,508 to the intervenor succeeding to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination on the cause of the claim

A. 1) The New Bank Co., Ltd. (hereinafter “New Bank”)

(2) On March 12, 2008, the credit limit amount of KRW 270,00,000, the credit period expiration date of the extension period of March 12, 2009, the interest rate of KRW 3.58% as of March 12, 2009, the interest rate of KRW 91, the interest rate of KRW 3.58% as of March 12, 2009, and the interest rate for delay under the credit transaction agreement (hereinafter “instant agreement”) under which the bank will comply with the bank’s interest rate within the limit of

(B) after the conclusion of the Company B (hereinafter “B”).

(2) On March 20, 2009, the new bank acquired the obligation under the instant agreement from B with the discharge of the obligation, and the new bank consented to the assumption of the obligation, and the Defendant jointly and severally guaranteed the obligation. (2) After December 29, 2009, the new bank transferred the obligation under the instant agreement to the Korea Asset Management Corporation, and the Korea Asset Management Corporation entrusted with the authority to notify the said assignment of the obligation, notified the fact of the assignment of the obligation to B on February 25, 2010.

(3) On October 24, 2014, the Korea Asset Management Corporation re-transfered claims under the instant agreement to the Plaintiff OSB Savings Bank, and on December 4, 2014, the Plaintiff notified the Plaintiff’s successor of the said transfer of claims under the instant agreement on November 27, 2015, when the instant lawsuit is pending. (4) On November 27, 2015, the Plaintiff transferred the instant claim under the instant agreement to the Plaintiff’s successor on November 27, 2015, and the Plaintiff’s successor delegated the Plaintiff’s notification of the transfer to the Defendant on December 28, 2015.

5) Meanwhile, with respect to the real estate (No. D. and one parcel, No. 104 Dong-dong 103, 104) on which the obligation under the instant agreement was provided as security, the Gi-gu District Court of Gwangju for voluntary auction procedure (hereinafter “instant auction procedure”).

The Korea Asset Management Corporation has commenced the above auction procedure.

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