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(영문) 서울북부지방법원 2020.07.09 2019가단124229
양수금
Text

1. The defendant is against KRW 179,980,717 within the scope of the property inherited from the deceased E and KRW 109,80,455 among them.

Reasons

1. Facts of recognition;

A. On May 21, 201, E entered into a credit transaction agreement with F Co., Ltd. (hereinafter “F”), 246,000,000 won for the credit limit, as of May 23, 201, with the date of credit commencement as of May 23, 2011, setting the expiry date as 12 months from the date of credit extension, as at 19% per annum (at least three months). Accordingly, E received a loan of KRW 264,00,000 for facility funds.

E entered into a credit transaction agreement with F on August 30, 2012 at KRW 10,00,000, the credit limit amount of KRW 10,000,000, as of August 30, 2012, with the date of credit commencement as of August 30, 2012, with the expiration date as of 12 months from the date of credit extension, and with the highest interest rate of 17% per annum. Accordingly, it received a loan of KRW 10,00,000 from retail Financial General

B. Thereafter, E did not pay the principal, interest, etc. of each of the above loans.

On December 27, 2013, the F transferred each of the above loans by entering into a contract for the purchase and sale of claims with G Limited Company (hereinafter “G”), and the F notified E on December 31, 2013 by content-certified mail.

C. G reported the amount of a claim of KRW 285,179,119 [the principal = 238,741,624 won [the amount of a facility loan of KRW 228,741,624 [the amount of a loan of KRW 10,437,495 [the amount of a loan of KRW 10,000 for retail Finance General Funds of KRW 228,741,624] in a voluntary auction procedure conducted with respect to the H building I owned by Kimpo-si] and received a dividend of KRW 170,043,060.

G entered into a contract for asset sales with the J-based limited company (hereinafter “J”) on November 12, 2014, and transferred the loan claims for facility funds (the principal of the remainder 109,800,455 won) remaining after appropriation of the said dividend as the dividend, and G notified E of the said transfer by content-certified mail on December 16, 2014.

E. On January 16, 2015, J concluded a contract for the sale of assets with the Plaintiff, and transferred the said facility loan claims to the Plaintiff. On March 16, 2015, the Plaintiff notified E of the said assignment by content-certified mail on behalf of the J.

F. The principal and interest of the above facility funds shall be the remaining principal based on February 21, 2019 = 179,980,717.

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