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(영문) 서울중앙지방법원 2015.09.24 2013가단191242
대여금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 74,449,644 and a rate of 20% per annum from October 25, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant, on April 24, 2008, sold B apartment at KRW 559,00,000 from the Dongyang Construction Industry Co., Ltd. (hereinafter “Dongyang Construction Industry”) in Namyang-si (hereinafter “Dongyang Construction Industry”) at KRW 116,1304.

(hereinafter “instant sales contract”). B.

The Defendant received a loan from the Plaintiff on June 20, 200, with a maturity of KRW 239,800,000 from the Plaintiff on June 30, 201 under the joint and several sureties Construction Industry’s joint and several sureties for the purpose of paying intermediate payments according to the instant sales contract (hereinafter “instant loan”). The instant loan was directly paid from the Plaintiff to the Dongyang Construction Industry in accordance with the agreement between the Plaintiff, the Defendant, and the Dongyang Construction Industry.

C. On December 24, 2013, the Plaintiff transferred the instant loan claims to a limited liability company specializing in the C&C securitization (hereinafter “Cbacked Securitization”), and notified the Defendant of the assignment of claims on January 2, 2014. On December 30, 2013, the C&C securitization was notified to the Defendant. On December 30, 2013, the Plaintiff’s succeeding intervenor filed an application for taking part in the litigation, but appears to be a clerical error in the application for taking part in the litigation.

(hereinafter “Successor Intervenor”) re-transfer the instant loan claim to the Intervenor, and notified the Defendant of the assignment of the claim on March 21, 2014.

The instant sales contract was rescinded due to the Defendant’s default of the sales payment, and as of October 24, 2014, the principal and interest of the instant case was KRW 367,327,173 (= principal and interest interest of KRW 239,80,000).

E. On October 24, 2014, the Dongyang Construction Industry, a joint and several surety, repaid KRW 295,484,419 to the succeeding intervenor on October 24, 2014, and KRW 2,606,890 among the successors, KRW 239,80,00 in total, and KRW 55,684,419 in total, and KRW 55,684,419 in total, were to be appropriated for the repayment of part of the principal, and KRW 74,449,64 in total, and KRW 2,606,890-295,484,419 in interest and interest were to remain.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 6 to 17, and Eul evidence 5.

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