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(영문) 서울중앙지방법원 2019.02.14 2018가단5219799
양수금
Text

1. The defendant shall pay to the plaintiff KRW 90,305,373 as well as KRW 48,950,00 among them, per annum from October 31, 2008 to December 2, 2008.

Reasons

1. Basic facts

A. On September 13, 2002, D Co., Ltd. (former E) lent KRW 550,000,000 to the Defendant on a fixed date as of September 11, 2003. On June 30, 2003, according to the asset acquisition agreement, the said loan claim (hereinafter “instant loan claim”) was transferred to the F Limited Company.

B. On April 9, 2003, D Co., Ltd. filed an application for voluntary auction on the right to collateral security established on the real estate owned by the Defendant (Seoul District Court Goyang support G). On May 21, 2004, F Co., Ltd. received dividends of KRW 448,48,480,01,019, out of the principal and interest of the instant loan claim amount up to the time (principal amount of KRW 550,000,000, interest of KRW 142,91,494).

C. The instant loan claims were transferred from F Company to H Co., Ltd. on April 14, 2005, to I Co., Ltd. on June 24, 2008, and to J Co., Ltd on July 17, 2008.

On October 31, 2008, J applied for a payment order against the Defendant for the instant loan claim. On November 25, 2008, the payment order (hereinafter “transfer payment order”) was issued on October 25, 2008, stating that “the Defendant shall pay 5% per annum from October 31, 2008 to the date of delivery of the original copy of the payment order, and 20% per annum from the next day to the date of full payment” (hereinafter “transfer payment order”). The above payment order was served on the Defendant on December 2, 2008 and the above payment order was finalized on December 17, 2008.

E. The instant loan claims were again transferred to A on December 31, 2009, and the said bank was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as bankruptcy trustee on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, the purport of the whole pleadings, and substantial facts in this court

2. Determination on the cause of the claim

A. According to the above facts, the defendant's loan claim of this case to the plaintiff in bankruptcy trustee A, the final transferee of the loan claim of this case.

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