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(영문) 서울중앙지방법원 2018.05.02 2017가단8256
양수금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff the full amount of KRW 94,118,153 and KRW 52,71,812 from September 28, 2016.

Reasons

Basic Facts

D Organizations set forth and lent 350,000,000 to the Defendant on April 7, 1999 at the maturity of April 7, 2000, 11.75% per annum, and 17% per annum of delay interest rate.

On December 28, 2010, the D organization entered into an agreement with the Plaintiff (Withdrawal) Limited Company A (hereinafter “Plaintiff”) on the transfer of assets including claims under the said loan contract, and publicly announced the transfer of assets to the E press and the F press on December 29, 2010 in lieu of notification of the transfer of claims pursuant to Article 7(1) of the Asset-Backed Securitization Act in lieu of notification of the transfer of claims.

On October 13, 2011, the Plaintiff received a total of KRW 402,727,119 in the Daegu District Court G real estate rental auction case and the Daegu District Court Kimcheon Branch H real estate rental auction case and appropriated the total of KRW 402,727,119 in the payment of part of the claim. As of September 27, 2016, the Plaintiff had a claim for the principal and interest of KRW 41,406,341, total of KRW 94,118,153 as of September 27, 2016, including the principal and interest of KRW 52,71,812 as of September 27, 2016

(hereinafter “instant loan claims”). (e) The instant loan claims are:

On August 23, 2017, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the transfer of claims, and the Plaintiff withdrawn from the instant lawsuit.

[Grounds for recognition] There is no dispute. According to the above facts, Gap or Eul evidence Nos. 1 through 7, Eul evidence Nos. 11 and 12, and the defendant is obligated to pay the plaintiff's successor to the plaintiff who acquired the loan claim of this case with the amount of 94,118,153 won and 52,711,812 won which are the principal of the above calculation day to the plaintiff's successor to the plaintiff who acquired the loan of this case and 52,71,812 won which are the principal of the above calculation day to the day of complete payment.

The Defendant’s assertion and the Defendant’s assertion in the G real estate auction case at the Daegu District Court G real estate G. G. on September 201, 201, the Plaintiff owned by the Defendant and the building for accommodation facilities of 1,098 square meters and five-storys above the ground, J. 1,098 square meters and five-storys above the land.

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