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(영문) 서울중앙지방법원 2017.08.23 2016나83244
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Determination as to the cause of claim

A. (1) New Bank Co., Ltd. (hereinafter “New Bank”) concluded a credit transaction agreement with the Defendants providing a total of KRW 760,000,000 on three occasions as follows.

(2) On May 29, 2007, each credit transaction contract of this case states that the interest rate applied by the maturity date of the loan amount No. 1400,000,000 as joint and several surety 140,000,000 per annum 19% per annum on May 29, 2010, which is a joint and several surety 140,000,000 principal obligor, stated that the interest rate for delay shall be determined by the bank as to the interest rate for delay and shall be within the highest rate of 21% per annum, and on April 27, 2009, the highest interest rate for delay was 21% per annum to 19% per annum.

On May 6, 2010, Defendant A2, 260,000,000 on May 29, 2010, Defendant B (130,000,000,000 won) (unit: KRW 130,000) (unit: KRW 130,00,000) (2) New Savings Bank Co., Ltd. (hereinafter “New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) entered into an asset acquisition agreement with the New Savings Bank on October 5, 2010, and the New Savings Bank sent a notice of transfer of the instant loan to Defendant A, the primary debtor on October 29, 2010 of Dongjak-gu Seoul E-101 to the New Savings Bank.

(3) On May 12, 2010, a new bank filed an application for the auction of real estate rent with the Suwon District Court in relation to the second floor No. 205 of Sungnam-si, Sungnam-si, Sungnam-si, the Defendant A, based on the instant loan claim. In the auction procedure conducted accordingly, the said court, on January 28, 2011, prepared a distribution schedule with the content that distributes KRW 726,342,440 to the New Savings Bank, the applicant creditor, in the second order on the date of open distribution.

(4) In accordance with the above distribution schedule, the new savings bank received KRW 726,342,440 as a dividend and appropriated it for the repayment of the instant loan claims as follows and remains as of November 30, 2015, the loan principal and interest of this case are as follows.

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