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(영문) 서울서부지방법원 2015.12.17 2015가합33243
양수금
Text

1. The Plaintiff:

A. Defendant A is 268,912,442 won and 25% per annum from February 18, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On March 31, 2011, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) extended loans to Defendant A at the rate of 12.7% per annum, interest rate of 12.7% per annum, delay damages rate of 25% per annum (hereinafter “instant loan 1”), and on the same day, Defendant B agreed to guarantee jointly and severally the obligation of the instant first loan to Solomon Savings Bank within the limit of 538,200,000 won per annum.

(hereinafter “instant guarantee agreement”). B.

On April 15, 201, the Solomon Savings Bank extended loans to Defendant A at an annual interest rate of 16%, and at an annual interest rate of 25% on October 15, 2011 (hereinafter “instant second loan”), which was due for payment of KRW 10,000,000 to Defendant A on June 3, 201, and at an annual interest rate of 13.6% on October 15, 201 and interest rate of 25% on delay payment rate of KRW 10,000 to Defendant A.

(hereinafter referred to as “third loan of this case”)

The Solomon Savings Bank was suspended in around 2012, and thereafter, each of the loans, bonds, guarantee bonds, etc. of this case were transferred to the Korea Financial Savings Bank (hereinafter referred to as the "Korea Financial Savings Bank") around 2012.

On April 4, 2013, our Financial Savings Bank concluded an asset acquisition agreement with Myasset management company (hereinafter “Mayasset management company”) including the content of transferring each of the instant loans, bonds, and guaranteed bonds. On May 2, 2013, Myasset concluded an asset acquisition agreement with a limited-liability company specialized in Myasset and Myasset first-backed securitization (hereinafter “Mayasset first”) to transfer the status of the assignee of the instant asset acquisition agreement on the transfer of Myasset to Eyasset assets first.

E. On January 29, 2015, E.I.D. transferred the instant loan claim to the Plaintiff, and around February 2015, Defendant A was notified of the transfer.

In order to secure each of the loans of this case, the defendant A is the real estate owner of this case.

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