logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.04.30 2018가단137976
양수금
Text

1. As to KRW 432,488,524 and KRW 122,122,864 among the Plaintiff, the Defendant shall be from February 15, 2018 to the day of full payment.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 4 (including each number), D Co., Ltd. (hereinafter "D") granted loans of KRW 150 million and KRW 13.5 million to the defendant for a second and second mortgage loan and KRW 150 million for a new mortgage loan, respectively. The above loan claims were transferred from D to the plaintiff, and around that time, it can be acknowledged that the notice of assignment of claims was completed to the defendant.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delay interest rate of KRW 432,488,524 (the total amount of the loan principal and interest accrued up to that time as of February 14, 2018) and KRW 122,122,864, whichever is the delayed interest rate of KRW 33% per annum from February 15, 2018 to the date of full payment, 6,059,238, whichever is the delayed interest rate of KRW 24% per annum from February 15, 2018 to the date of full payment.

In regard to this, the defendant argued to the effect that the defendant is not liable for the payment of the transfer money, as long as the rehabilitation decision was abolished prior to the approval of the rehabilitation decision and closed, and the representative E is bankrupt and exempted. However, the defendant's argument is not reasonable, since there are circumstances cited by the defendant.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

arrow