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(영문) 청주지방법원 2017.05.30 2016가단105107
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant received a loan from a financial institution on the date on which the loan was made in the following table, and the loan which was not paid is indicated in the column of the balance of the loan in the following table.

The loan amount of KRW 0,00,000 on July 1, 2007, 200,000,000 on July 1, 2007, when the loan amount of the principal debtor of a financial institution for each type of loan expires (the repayment date) and the loan amount of KRW 84,036,81 is extended on March 30, 207 to September 28, 2008, when the loan amount of KRW 20,00,000 is extended on March 30, 2007.

B. Upon entering into a credit transaction agreement with the above bank, the defendant agreed to apply the basic terms and conditions of the above bank's credit transaction.

(Amount of delay damages shall be calculated by applying the additional interest rate for each delayed period from the date of occurrence of damages for delay to the date of repayment).

When the Defendant delays the repayment of the above loan, the above bank transferred all of the Defendant's loan claims to the company specializing in asset-backed securitization in accordance with the Asset-Backed Securitization Act on January 21, 2009, and on May 12, 2011, the company specializing in asset-backed securitization transferred to Hyundai Switzerland 4 Savings Bank (SBI Savings Bank (the changed company: the changed company), and on July 12, 201, the company specializing in asset-backed securitization transferred the credit to the Defendant on July 12, 201.

The SBI Savings Bank transferred to the Plaintiff on October 29, 2015 in accordance with Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. On February 1, 2016, the Plaintiff notified the Defendant of the assignment of claims in accordance with the above Act.

The remaining principal and interest of the defendant as of April 15, 2016 are as follows:

The loan balance of the loan of 1 small and medium enterprise loan of 350,828 Won 350,828 won on May 30, 2007, 190 131,80,807,81 won 131,807,815 won on March 30, 2006.

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