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(영문) 서울중앙지방법원 2018.08.16 2017가단5160821
양수금
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the costs of lawsuit, the part resulting from the principal lawsuit.

Reasons

1. Basic facts

A. On August 2, 2003, the former Agricultural Cooperatives (hereinafter “former Agricultural Cooperatives”) leased KRW 60 million to the Defendant on August 2, 2003 at interest rate of KRW 80,000 per annum, interest rate on delay damages, and due date for payment on August 2, 2004 (hereinafter “instant loan” or “the instant loan”). On August 22, 2004, in order to secure the instant loan claim, the Defendant set up a right to collateral security of KRW 1/6 of the maximum debt amount of KRW 821,00,000,000 owned by the Defendant with respect to KRW 1/6 of the maximum debt amount.

B. On September 27, 2006, the Plaintiff filed an application for auction of real estate for the enforcement of the above right to collateral security with Hongsung Branch of the Daejeon District Court on September 27, 2006, which had not repaid the loan of this case even after the period of payment was due, and thereafter, the Plaintiff received part of the proceeds from sale on the date of distribution and appropriated it for the repayment of the loan of this case.

C. On June 28, 2013, the Plaintiff transferred the instant loan claim (the principal amount of KRW 30,530,021 at the time) to the Plaintiff, and the Plaintiff was granted the authority to notify the assignment of the credit from the Plaintiff to the Defendant on October 20, 2017.

In addition, on January 26, 2018, the Plaintiff, while continuing the instant lawsuit, transferred several claims including the instant loan to the Intervenor succeeding to the Plaintiff. However, the Plaintiff decided to exclude the claim, the extinction of which has already been completed, from the transferred claim. The Plaintiff’s successor granted the Plaintiff’s authority to notify the assignment of claims, and notified the Defendant of the assignment of claims on

E. As of July 17, 2017, the instant loan remains 83,224,314 won including principal and interest and delay damages as of 30,530,021 won, interest and delay damages, and 52,694,293 won, and delay damages applicable thereto are 15% per annum.

【Fact-finding without a dispute over the basis of recognition, entry in Gap's evidence 1-5, 8, and 9, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff and the intervenor succeeding to the plaintiff are the defendant.

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