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(영문) 서울서부지방법원 2016.12.08 2016나34186
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 31, 2005, the Defendant entered into a loan transaction agreement between the Industrial Bank of Korea and the Industrial Bank of Korea on a loan amounting to 20 million won and interest for arrears at 14% per annum.

B. Loans owed by the Industrial Bank of Korea against the Defendant were transferred pursuant to an asset acquisition agreement to a limited-liability company specialized in the UN Espion-backed securitization on March 6, 2012, via a scuasa, scena, not in spulin-spullog, and on April 2, 2012, the transferee-based limited liability company notified the Defendant of the assignment of claims in accordance with Article 7 of the Asset-Backed Securitization Act.

C. On December 5, 2014, the foregoing loan claims were once transferred to the Plaintiff according to the asset transfer agreement between the relevant Es.S. Specialized Company and the Plaintiff. On December 19, 2014, the transferor, the UN Es. Specialized Company notified the Plaintiff of the fact of transferring the said loan.

On September 25, 2013, the United Nations Es.S. Specialized Company applied for a voluntary auction on the Defendant’s real estate, and received dividends of KRW 2,918,367. Accordingly, the principal of the said claim remains KRW 19,829,324.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 12, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the acquisition amount of KRW 19,829,324 and the damages for delay calculated at the rate of 14% per annum, which is the rate of delay damages, from September 26, 2013 to January 9, 2015, the delivery date of the copy of the complaint in this case, and the damages for delay calculated at the rate of 15% per annum, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day

As to this, the defendant did not receive the notification of assignment of claim, and the lawsuit of this case was filed at the lapse of five years from October 31, 2005, which is the date of occurrence of the claim of this case, and the claim of this case was extinguished due to the completion of prescription.

The written evidence Nos. 1 and 12 is added to the whole purport of the pleadings.

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