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(영문) 서울서부지방법원 2016.01.21 2015가합34468
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 25% per annum from January 9, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. On Nov. 30, 2009, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) lent KRW 573,00,000 to the Defendant on Nov. 30, 2009, the interest rate was determined to add 6.5% per annum to the standard interest rate (5.2% per annum at the time of the agreement), the interest rate in arrears was 1.3% per annum for the period of delay, 12.3% per annum for the period of delay, 12.3% per annum for the period of delay, 13.3% per annum for the period of delay exceeds two months, and 13.3% per annum for the period of delay, and 15 years for the expiration of the credit period, and the repayment method was determined to pay in full on the expiration date of the credit period.

(2) The Defendant paid KRW 13,00,000 to the principal of the loan claim, and the principal of the loan claim in this case remains 560,000,000.

B. Solomon Savings Bank was suspended on or around May 2012 due to its bankruptcy, and thereafter, the instant loan claims were transferred to the Korea Financial Savings Bank (hereinafter “Korea Financial Savings Bank”) around 2012.

On April 4, 2013, our Financial Savings Bank entered into an asset acquisition agreement with Myasset Management Co., Ltd. (hereinafter “Mayasset Management Co., Ltd.”). On May 2, 2013, the Korea Financial Savings Bank again entered into an asset acquisition agreement with a limited liability company specializing in Myasset and Myasset first-backed securitization (hereinafter “Mayasset first”) to transfer the status of the transferee under the asset acquisition agreement with Myasset’s asset acquisition and transfer to Myasset once.

C. On January 8, 2014, the first day to which the instant loan claim was transferred was distributed KRW 337,164,800 from the auction procedure for real estate provided by the Defendant as security for the instant loan claim (Yancheon District Court Dayang Branch B).

E. On February 17, 2015, the first time transferred the instant loan claims to the Plaintiff, and around February 2015, the first time notified the Defendant of the fact of transfer.

[Reasons for Recognition]

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