logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.24 2017가합24149
양수금등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 300,000,000 and the Defendant A corporation from December 8, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) The Industrial Bank of Korea on May 17, 2006 (hereinafter “Defendant A”) is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

A) Around 500,000,000 won was fixed and lent as 13% overdue interest rate, and thereafter, through a change in terms of transaction and an additional arrangement, the credit limit amount was changed to 495,00,000 won, and the date when the credit expires on January 20, 2010 (hereinafter “instant loan”).

(2) On May 17, 2006, Defendant B and the Plaintiff concluded a contract for the transfer and acquisition of assets including the instant loan claims with the Joint Asset Management Company and the Plaintiff on November 22, 201 in accordance with the Asset-Backed Securitization Act. (2) The Industrial Bank of Korea concluded a contract for the transfer and acquisition of assets including the instant loan claims with the Joint Asset Management Company and the Plaintiff on December 20, 201, respectively.

Accordingly, the Plaintiff took over all the rights and status of the instant loan claims against Defendant A of the Industrial Bank of Korea. On December 21, 201 and December 22, 2011, the Industrial Bank of Korea sent notice to Defendant A that all the instant loan claims and their accompanying rights were transferred to the Plaintiff over twice, by means of content-certified mail, and publicly notified that the instant loan claims and their accompanying rights were transferred to the Plaintiff, thereby satisfying the requirements for setting up against the assignment of claims under Article 7 of the Asset-Backed Securitization Act.

3) The remaining obligations of the instant loan as of December 7, 2016 are KRW 537,377,375 (= Principal KRW 353,045,226; interest on delay damages; and KRW 184,332,149). 【Ground for recognition” There has been no dispute, and evidence Nos. 1 through 7, and 10 (with a serial number, including each number) are included.

each entry, the purport of the whole pleading

B. According to the above facts of recognition, the Defendants jointly and severally seek to the Plaintiff the amount of KRW 300,000,000,000, and the date following the final calculation date of interest thereon, from December 8, 2016 to March 15, 2017, which is the delivery date of the original copy of the instant payment order.

arrow