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(영문) 서울중앙지방법원 2020.08.13 2020가단5007821
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 250,938,430 as well as KRW 149,30,00 among them, from October 9, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 29, 2007, the Defendant loaned KRW 149,300,000 from C Co., Ltd. (former amendment: D organization; hereinafter “C Bank”), and on April 21, 2008, the Defendant created the right to collateral security of KRW 194,090,000 for the mortgagee, C Bank, the maximum debt amount, 194,090,000 for the underground first floor F of the building, Guro-gu Seoul, E-gu.

B. On May 28, 2014, C Bank concluded an asset sales contract for the transfer of claims, including G Co., Ltd. and Defendant’s loan claims (hereinafter “instant loan claims”).

C. On June 26, 2014, pursuant to Article 3 of the Asset-Backed Securitization Act, C Bank registered securitization assets with respect to the instant loans, claims for loans, and collateral security to the Financial Supervisory Service, and upon the consent of C Bank on June 26, 2014, the Plaintiff transferred the status of purchaser under the asset sales contract from G Co., Ltd.

C. C Bank sent a notice of assignment of claims of this case two times at the Defendant’s domicile on June 30, 2014 and July 3, 2014, but did not reach the Defendant. D.

On July 11, 2014, the Plaintiff announced the transfer of claims of this case to H Press and I Press.

E. On June 2, 2016, the Plaintiff applied for an auction of real estate rent based on the foregoing right to collateral security and received dividends of KRW 23,445,272 out of the principal amount of KRW 202,60,878 (principal amount of KRW 149,30,000, interest of KRW 53,308,878).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5, Gap evidence Nos. 7 and 9, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim and the statement in Gap evidence No. 1, the plaintiff acquired the claim of the loan of this case from C Bank, notified the transfer of the claim in accordance with Article 7 (1) of the Asset-Backed Securitization Act, and acquired the requisite for setting up against the plaintiff. The loan of this case remains 149,30,000 won, the principal amount until October 18, 2019, and the overdue interest of 101,638,430 won after the distribution in the auction procedure. Thus, the defendant as the debtor is the defendant.

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