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(영문) 부산지방법원 2018.05.30 2017가합48198
양수금
Text

1. The defendant shall pay KRW 700,000 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. C Co., Ltd.’s loan 1) C (hereinafter “C”)

- 2010

4. In lending KRW 15 billion to D Co., Ltd. (hereinafter “D”), 26.2: (a) interest rate of KRW 5.6% per annum on a six-month rate; (b) interest rate of KRW 9.6% per annum within one month during which the agreement was made; (c) 10% for the agreement within one month but more than three months; and (d) where the agreement exceeds three months, 11% per annum; and (c) the maturity date on April 26, 201.

(2) D Co., Ltd. (hereinafter “E”) as of January 26, 2006

2) The instant trust real estate is a trust property with the land of 1,573 square meters and the land of 1,573 square meters and the land of Ga, H, I, J, F, and the instant trust property (hereinafter “instant trust real estate”).

(1) First priority interest in 21,00,000,000 won with respect to the amount of profit limit (hereinafter referred to as “instant preferential interest”).

A) The certificate of beneficial interest was delivered to C in order to secure the above loan obligation. On April 26, 2010, the Defendant provided a blanket collateral guarantee contract between C and C to guarantee the debt of D within the limit of KRW 18,000,000 (hereinafter “instant guarantee contract”).

(B) B. (b) A concluded a contract for the loss of the benefit of time and the transfer of the instant loan claim 1) C, after D paid the interest of KRW 101,535,616, which is the interest accrued until September 25, 2010, notified D of the fact that the payment of interest would be in arrears and that D would have lost the benefit of time as of February 15, 2011.

2) C is the K Limited Liability Company (hereinafter “K”) as of September 26, 2011.

(3) On March 2, 2012, K transferred all the rights, including the claim for the instant loan and the preferential right to benefit, to D, and K notified D of the fact of the transfer of the instant loan on September 27, 201, and on March 2, 2012, K includes the principal amount of KRW 7,890,000,000 (52.63% of the principal amount of the instant loan) out of the instant loan and the overdue interest (hereinafter “the instant loan”), among the preferential right to benefit, KRW 11,053,00,000 (52.63% of the premium for benefit).

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