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(영문) 인천지방법원 2018.05.08 2017가합687
손해배상
Text

1. The defendant shall pay 1,00,000 won to the plaintiff and 15% per annum from May 8, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On January 6, 2006, the Plaintiff entered into a loan transaction agreement with the Nonghyup Bank Co., Ltd. (hereinafter “CF”) to lose the benefit of time and to immediately repay the full amount of the debt, interest, etc. in the event that the loan (hereinafter “instant loan”) borrowed by the Plaintiff is in arrears for not less than one month at least one month.

B. The Plaintiff, who transferred the credit to the Defendant by the Nonghyup Bank, lost the benefit of the time due to the failure to pay the above loans and interest at once. The Nonghyup Bank transferred several loans, including the instant loans, to the Defendant as prescribed by the Asset-Backed Securitization Act, and notified the Plaintiff of the above assignment of credit.

C. While the mediation between the Defendant and the Plaintiff was completed, the Defendant filed an application for voluntary auction of real estate with respect to the real estate offered by the Plaintiff as security with the Ji Government District Court Goyang Branch B and the Ji Government District Court C, and each distribution schedule was prepared accordingly. Of these, the Plaintiff filed a lawsuit of demurrer against distribution with the Ji Government District Court 201Da4552 as to the distribution schedule of the case C. At the appellate court on July 20, 2012, “The amount of dividends against the Defendant out of the distribution schedule prepared by the court on August 26, 2011, 35,413,537 won against the Defendant among the distribution schedule prepared by the court on August 26, 2011, 32,626,085 won against the Defendant, the amount of dividends to the Plaintiff, 1,249,426 won against the Plaintiff, 4,036,868 won, respectively, and the Defendant waiveed the remaining claims against the Plaintiff to the Seoul Central District Court.

(The District Court 2012Na2782). D.

The defendant's request for payment order against the plaintiff and the related civil judgment, and the conciliation has been made as above.

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