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(영문) 서울북부지방법원 2019.01.17 2017가단135942
양수금등
Text

1. Defendant B’s interest rate of KRW 11,207,632 and KRW 6,928,434 among the Plaintiff shall be from March 10, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 6, 2015, D Co., Ltd. leased KRW 9 million to Defendant B at the rate of 12.9% per annum from the date of repayment due date, interest rate, and delay damages rate, respectively. On June 14, 2016, the Plaintiff acquired the above loan claim, and on August 5, 2016, sent the above notice of assignment to the Defendant by content-certified mail, and the above notice of assignment was served to the Defendant at that time.

B. The Plaintiff’s acquisition amount against Defendant B (hereinafter “acquisition amount”) was KRW 11,90,488 as of March 9, 2018; KRW 6,928,434 as to the principal; KRW 6,928,434 as to the principal; and KRW 4,972,054 as to the interest and delay damages; and thereafter, the Defendant repaid KRW 548,511 to the Plaintiff by July 3, 2018.

C. Meanwhile, Defendant B completed the registration of ownership transfer based on the same day donation contract (hereinafter “instant donation contract”) with respect to the instant real estate, which was the only property for Defendant C, which was the instant real estate, which was found as the only property to Defendant C, under the status of excess of debt.

The instant real estate was cancelled on the grounds of termination on October 26, 2015 and October 27, 2015, for each of the following reasons: (a) the establishment registration of three adjacent mortgages, each of the Defendant B, the mortgagee E, and the mortgagee E, was completed on February 27, 2007; (b) July 8, 2008; and (c) October 7, 2014, the maximum debt amount of KRW 12,207,000,000; and (d) KRW 11,160,000,000,000,000 won; and (e) the registration of creation of three adjacent mortgages, each of the instant real estate was revoked on the same date.

E. The Defendants filed a declaration of divorce on March 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 of evidence Nos. 2, Eul's evidence Nos. 10, Eul's evidence Nos. 3 and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, Defendant B’s above Defendant B’s totaling KRW 11,900,488 won (= KRW 6,928,434, totaling KRW 4,972,054, totaling the outstanding principal and outstanding interest and delay damages until March 9, 2018 on the instant transfer amount (= KRW 6,928,434, KRW 4,972,054).

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