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(영문) 서울중앙지방법원 2018.09.13 2017가단60803
양수금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 70,616,301 and the interest thereon from June 20, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On May 4, 2010, the Industrial Bank of Korea extended a loan of KRW 2.5 million to Nonparty B Co., Ltd. (former Co., Ltd.; hereinafter “former Co., Ltd.”) under the Defendant’s joint and several guarantee guarantee limit (300 million), for one year.

(hereinafter “instant loan”). (b)

The outstanding principal of the instant loan that was unredeemed as of June 19, 2012 after the repayment date is KRW 70,616,301, and the agreed interest rate is 15.95% per annum.

C. On the other hand, on May 31, 201, the Industrial Bank of Korea entered into an agreement on the acquisition of assets between the Federation Asset Management Co., Ltd. (hereinafter “CF”) and the Industrial Bank of Korea on the following: (a) selling assets, such as the principal and interest of loans, etc., to the combined assets; and (b) transferring all rights, etc., to the assets subject to sale (see Article 3(3) of the CBF)

(hereinafter “instant contract of sale of assets”). D.

Since then, the Plaintiff (hereinafter “Plaintiff”) agreed to take over the status of purchaser under the asset sales agreement as a combined asset from the combined asset pursuant to an asset-backed securitization plan under the Asset-Backed Securitization Act, and entered into a contract for transfer and acquisition of the asset acquisition agreement between the Industrial Bank of Korea, the United Nations, and the third party on June 28, 2011.

(hereinafter referred to as “acquisition of the instant contract”). E.

In accordance with the special provisions on the requirements for setting up against the assignment of claims under Article 7(1) of the Asset-Backed Securitization Act, as of June 28, 201, with respect to the fact that the principal and interest interest claim of this case was transferred from the Industrial Bank of Korea to the Plaintiff on June 29, 201 and June 30, 2011, the Industrial Bank of Korea issued each notification of the transfer of claims to the non-party company (hereinafter “the notification of the transfer of claims of this case”), and the Plaintiff announced the transfer of claims to the press and E press on July 13, 201.

F. On August 23, 2017, the Plaintiff continued the instant lawsuit, and the Plaintiff’s succeeding Intervenor’s principal and interest claim, etc.

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