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(영문) 서울남부지방법원 2015.11.26 2015가단16044
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 110,167,529 and the interest rate of KRW 20% per annum from September 23, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On October 20, 2006, the Gyeonggi-do Fisheries Cooperatives (hereinafter “the Gyeonggi-do Fisheries Cooperatives”) loaned KRW 280,000,000 to the Defendant on October 20, 2006 at a rate of 20% per annum for overdue interest, and around that time, it was set up a collateral security (hereinafter “instant collateral security”) with respect to the land of seven parcels, such as Gyeonggi-gun, Gyeonggi-gun, and the land D, and the building on the ground (hereinafter collectively referred to as “instant real estate”).

B. On April 29, 2014, the Gyeongginam-do Cooperative transferred the above loan claims and collateral security to Dong Business F&A, and notified the Defendant of the assignment of claims on May 1, 2014, and gave notice thereof to the Defendant around that time. On April 29, 2014, the Plaintiff Company and N&A transferred the above loan claims and collateral security rights to the Plaintiff on April 29, 2014, and notified the Defendant of the assignment of claims on May 30, 2014, and gave notice to the Defendant around that time.

C. On September 22, 2014, the Plaintiff received dividends of KRW 302,647,594 in the F real estate auction procedure with respect to the instant real estate from the District Government District Court on the Republic of Korea on September 22, 2014, and received dividends of KRW 412,815,123 (i.e., principal amount of KRW 280,000,000,815,123) and appropriated the interest first with priority over interest, and the said loan obligation remains as of September 22, 2014 (=410,167,529 won (= KRW 412,815,123 won - KRW 302,647,594).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff who acquired the above loan claim prior to the payment of KRW 110,167,529 and damages for delay at the rate of 20% per annum from September 23, 2014 to the date of full payment.

3. The defendant's defense is to transfer the seven parcels of land among the real estate in this case (hereinafter "each of the land in this case") between G and G.

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