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(영문) 서울북부지방법원 2015.08.20 2014가합25065
양수금
Text

1. As to KRW 667,271,334 and KRW 590,434,030 among the intervenors succeeding to the Plaintiff, the Defendant shall start from June 23, 2014 to July 2014.

Reasons

1. Facts recognized;

A. On May 7, 2010, Han Bank Co., Ltd. (hereinafter “I Bank”) made loans to the Defendant KRW 1.38,99 billion at maturity on May 7, 201, 201; the interest CD interest rate of KRW 4.73% (changing interest rate); and the maximum damages rate of KRW 19% per annum; if the period of arrears is less than three months, at least 17% per annum; and at least 19% per annum if the period of arrears is shorter than three months, at least 17% per annum.

B. On September 27, 2012, the Han Bank transferred the above claims against the Defendant to a limited-liability company of Korea EF&A No. 29 securitization, and notified the Defendant of the assignment of the claims on October 2, 2012.

C. An auction on each real estate listed in the separate sheet owned by the Defendant was conducted, and KRW 1,115,284,57 out of 1,127,92,727 of the purchase price on October 15, 2013 was distributed to Korea to a limited liability company specializing in the 29th securitization.

In Korea’s claim against the Defendant of a limited liability company specializing in the 29th Ef&A against the Defendant, the principal amounted to KRW 1,257,771,638 as of October 15, 2013, and KRW 448,098,379, which was the date of the said distribution. The said dividend was appropriated in the order of KRW 448,098,379, and KRW 669,42,678 among the principal amount, and the principal amount was 590,585,440,000.

On February 18, 2014, Korea Ef&A specialized in the securitization of the 29th Ef&A transferred the above claims to the Defendant, and notified the Defendant of the assignment of the claims on March 13, 2014.

On April 18, 2014, Sable Partners Loans Co., Ltd. transferred the above claims against the Defendant to the Plaintiff (Withdrawal) on April 18, 2014, and notified the Defendant of the assignment of claims on May 15, 2014.

On November 14, 2014, the Plaintiff (Withdrawal) transferred the above credit to the Defendant to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the assignment of the credit on December 18, 2014.

E. As of June 22, 2014, the above claim against the Defendant by the Plaintiff-Succession Intervenor is KRW 590,434,030 for principal and KRW 76,837,30 for interest, and KRW 76,837,304 for interest.

【Based on recognition, Gap's statements and arguments in Gap's evidence 1 through 8 (including the number with each number).

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