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(영문) 서울중앙지방법원 2016.06.17 2016가합508053
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 754,386,402 and KRW 412,00,000 among the costs.

Reasons

Facts of recognition

Defendant A entered into a credit transaction agreement with the Bank of Korea Co., Ltd. (hereinafter referred to as the “Korea Bank”) on November 23, 2007 with the credit transaction agreement at least 19% per annum of less than 17% per annum of less than 413,000,000 general financing loans for enterprise driving on November 27, 2007, and at least 17% per annum of less than 3 months from November 27, 2008, and received loans as follows:

(hereinafter “instant loan”). Afterwards, Defendant A changed the amount of the instant loan to KRW 412,00,000, and entered into an additional agreement to change or add the credit transaction terms to extend the credit period to February 24, 2010, and Defendant B guaranteed KRW 92,400,000 as the collateral guarantee amount for Defendant A’s above loan obligations.

On June 29, 2010, our bank transferred the instant loan claim against Defendant A to Korea EF&A Specialized in Asset-Backed Securitization (hereinafter “Korea”), and notified Defendant A of the said transfer on July 1, 2010.

On January 24, 2011, Korea Ep&A again transferred the above credit to the Komato 2 Savings Bank Co., Ltd. (hereinafter “tomato 2 Savings Bank”), and on February 17, 2011, notified Defendant A of the above transfer.

On April 30, 2013, the Homato2 Savings Bank was declared bankrupt by the Seoul Central District Court (2013Hahap55), and the plaintiff was appointed as the trustee in bankruptcy.

The outstanding amount of the instant loan as of November 23, 2015 is KRW 754,386,402 in total (i.e., the principal of the loan at KRW 412,00,000, and KRW 342,386,402).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 8 (if there is a serial number, including each serial number), and the ground for a claim as to the purport of the entire pleadings, the judgment of the court below as to the ground for a claim shall be based on the above facts. Defendant A shall pay damages for delay calculated at the rate of 19% per annum from November 24, 2015 to the date of full payment of the loan principal amounting to KRW 754,386,402, and from the loan principal amounting to KRW 412,00,000.

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