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(영문) 서울중앙지방법원 2016.11.18 2015가합557485
양수금
Text

1. As to KRW 2,869,285,886 and KRW 2,004,074,037 among the Plaintiff, the Defendant shall start from September 1, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The National Bank Co., Ltd. loaned money to the Defendant as indicated in the following table:

(Amount of delayed damages is 18% per annum from December 16, 2011; hereinafter “instant loan claims”). After that, part of the instant loan claims was repaid through the subrogation of the Korea Technology Finance Corporation and the distribution of the distribution of the real estate Y A real estate auction case by Busan District Court, and on March 3, 2015, the remaining principal and interest of the instant loan claims as of March 3, 2015 are 2,869,285,886 won ( = 2,004,074,037 interest of KRW 865,211,849).

on December 22, 2006, the loan principal of the subject on the date of the loan 100,000 for corporate working loan 100,000,000 for corporate working loan 70,000,000 for the Small and Medium Enterprise Establishment and Promotion Fund of February 18, 2008, 3208 for corporate working loan 200,000,000 for corporate working capital loan 200,000,000 for corporate working capital loan 230,000 on February 18, 2008, 200 for corporate working capital loan 230,000,000 for corporate working capital loan 230,000,000 for corporate working capital loan 418,000,000,000 for corporate working capital loan 310,000,000 for corporate working capital loan 10,000,008,208.

B. On December 16, 201, the instant loan claims were assigned in sequence to Korea, a limited liability company specialized in the 13-backed securitization, and to the Plaintiff on February 18, 2014.

C. On March 5, 2015, the Plaintiff himself/herself is a member of the Plaintiff.

The instant suit was filed against the Defendant on the ground that the instant claim for the instant loan was transferred in succession, as described in the subsection, and us prepared by the National Bank of Korea, a Co., Ltd., along with a notice of transfer (Evidence A1) to transfer the instant loan claim to the 13th Asset-backed Securitization Specialized Company. The duplicate of the complaint was served on the Defendant on August 31, 2015.

On September 5, 2016, when the lawsuit of this case is pending, the Plaintiff submitted a preparatory document attached to the notification of transfer (Evidence No. 19) to the effect that the Plaintiff transfers the instant loan claim, which was prepared by the 13rd Asset-backed Securitization Specialized Company in Korea, to the Plaintiff, and the duplicate of the said preparatory document on November 2, 2016.

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