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(영문) 서울중앙지방법원 2017.10.27 2016나74455
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant made financial transactions with the National Bank Co., Ltd. (hereinafter “National Bank”), as follows. The principal and interest of obligations as of May 16, 201 are as listed below:

(P) Each of the loans listed above 1, 3 is a loan prior to the merger with the Korea Housing and Commercial Bank. The principal (provisional payment) interest on the date of the loan from October 7, 2010 to May 16, 201 (222) interest on the loan of 153,131,148 (3,26,670) 11,436,570,575 2 CSS credit loans 230,475 230,475 30,475 230,349,549, 2549, 207, 2085, 305, 207, 196, 305, 207, 196, 305, 207, 205, 308, 205, 208, 396, 258, 2986, 2968

B. On November 4, 2010, the National Bank entered into an asset acquisition agreement with the Yonhap Asset Management Co., Ltd. (hereinafter “Joint Asset Management”) under which each of the above loans was transferred to the management of the combined assets. On November 30, 2010, the National Bank and the Yonhap Asset Management entered into a contract for the transfer and acquisition of assets between the Plaintiff and the Plaintiff on November 30, 2010, with the content of the agreement on the acquisition of assets under the aforementioned asset acquisition agreement with the Plaintiff, a transferee whose combined asset management was transferred to the Plaintiff as a transferee under the foregoing asset acquisition agreement.

(hereinafter “instant assignment of claims”). On December 1, 2010 and December 2, 2010, a national bank sent notice of the instant assignment by mail with the Defendant’s resident registration address (transfer on June 17, 2010). On December 13, 2010, the national bank publicly announced the fact of the instant assignment of claims by means of content-certified mail.

C. On May 16, 2011, the Plaintiff received dividends of KRW 218,980,895 from the Jung-gu District Court B real estate auction case, and applied for the appropriation of the principal and interest on each of the above loans to the claim, and on April 11, 2016, the principal and interest on the obligations as of April 11, 201 are as listed below.

The principal (provisional payment) of the loan date of the loan section is interest.

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