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(영문) 서울중앙지방법원 2016.10.25 2015가단5373951
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 42,890,890 and the interest rate of KRW 15% per annum from October 30, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 7, 2008, the Defendant was given a loan of KRW 25 million (hereinafter “instant loan”) with the due date set by the Korea C&T Bank on August 8, 2009.

B. On April 27, 2009, C&C Co., Ltd. applied for the auction of real estate to Suwon District Court B in order to receive the instant loan on April 27, 2009. The decision to commence auction following the above request by C&C Bank was served on the Defendant by service by public notice, and around December 2009, C&C Co., Ltd. was in progress with the above auction procedure, transferred the instant loan claim to Dongyang Total Financial Securities Co., Ltd., and completed the notification of transfer at that time.

On the above auction procedure, a stock company with the same comprehensive financial securities participated as the defendant's creditor, and the distribution schedule was confirmed on the date of distribution made on August 23, 2010 as the result of the above auction procedure and completed the distribution.

C. On February 8, 2010, the Dongyang General Financial Securities Co., Ltd. transferred the instant loan claims to a limited liability company specializing in Ethaly LAPS, and completed the notification of transfer by content-certified mail. On February 8, 2013, EthaHHS Co., Ltd. transferred the instant loan claims to Musler loan limited liability companies, and completed the notification of transfer by content-certified mail at that time. On April 22, 2013, Muss loan limited liability companies transferred the instant loan claims to the Plaintiff and completed the notification of transfer by content-certified mail at that time.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 6 (including each number), significant facts in this court, purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendant is the date following the delivery of the application for the instant payment order to the Plaintiff, the final transferee of the instant loan claim, including the accrued interest and delay damages until April 19, 2013, totaling KRW 19,301,289, and KRW 42,890,890.

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