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(영문) 서울중앙지방법원 2017.07.21 2017가합23559
양수금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 591,680,884 and KRW 337,297,859 from March 22, 2017 to the day of full payment.

Reasons

Basic Facts

The Korean National Bank Co., Ltd. and the Defendant entered into a loan contract (hereinafter “National Bank”) with the Defendant for each of the loan agreements (hereinafter “each of the instant loan agreements”) on April 6, 2009, with 2.53% per annum of 157,300,859 at the base rate of 2.53% per annum of 16.2% per annum of 179,97,000 3.2% per annum of 2.53% per annum of 16.2% per annum of 2.53% per annum of 16.2% per annum of 2.2% per annum of 37,297,859 on April 6, 2009.

In order to secure the Defendant’s obligation for loans to national banks under each loan contract of this case, the right to collateral security (hereinafter “mortgage of this case”) was established on the part of the State Party B and C, which owned by the Defendant, including the application for voluntary auction by the National Bank. However, as the Defendant did not repay its obligation for loans under each loan contract of this case, the national bank applied for the voluntary auction of real estate to E on May 4, 201, and on May 11, 201, the registration of the decision to commence voluntary auction of the above real estate was completed, and the decision to commence auction was served on the Defendant on May 20, 2011.

On June 2, 201, when the above auction procedure was in progress, a national bank, including the transfer of claims against the Defendant, entered into an asset transfer agreement with a joint asset management company in accordance with an asset-backed securitization plan with a joint asset management company. On June 28, 201, a national bank and a joint asset management company entered into an asset transfer agreement between the Plaintiff and the Plaintiff on June 28, 201, with the content that the joint asset management company transferred the status of the Plaintiff as a transferee who was entitled under the above asset transfer agreement.

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