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(영문) 서울중앙지방법원 2017.01.13 2015가단5369808
양수금
Text

1. The Defendant jointly and severally with the Plaintiff, as to KRW 70,242,329 and KRW 59,00,000, out of the above money, shall be jointly and severally with the Plaintiff, as of February 2, 2015.

Reasons

1. Facts of recognition;

A. Credit transaction agreement and collateral guarantee contract 1) The Industrial Bank of Korea on December 17, 2007 (hereinafter “B”) shall be the B Co., Ltd. (hereinafter “B”).

(2) The Defendant entered into a credit transaction agreement with a lending period of 59,000,000 won as of December 17, 2017, and paid the loan. According to the transaction additional agreement, which is a part of the said credit transaction agreement, where the interest rate for delay (in cases where an agreement is made by the method of adding additional interest rate to the interest rate) is less than 14% per annum, 14% per annum shall be applied as the interest rate for delay. However, if the interest rate for delay by the period of delay is less than one month, 8% per annum, 9% per annum, and 10% per annum if the amount is less than one month but less than three months, and 3 months per annum. Meanwhile, the interest rate for the above loan obligation was 5.68% per annum from December 17, 2007 to January 2, 2012 to the guarantee limit of 5.68% per annum per annum and 44% per annum, the Defendant entered into the above loan guarantee agreement with the Industrial Bank as of No.

B. On September 4, 2012, the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank of Korea”) provides for the management of combined assets on September 4, 2012.

2) The foregoing loan claims and guarantee claims (hereinafter “instant claims”) between the Corporation and the Corporation

(2) On September 26, 2012, a joint asset management agreement, the Plaintiff, and the Industrial Bank of Korea concluded a transfer agreement on assets acquisition. According to the said transfer agreement, a joint asset management agreement transfers all the rights, obligations, and contractual status under the said transfer agreement to the Plaintiff for asset securitization, and the Industrial Bank of Korea agrees to the said transfer, and the Plaintiff bears all the rights, obligations, and obligations as a party to the said transfer agreement.

3. The Industrial Bank of Korea sent notice of assignment of claims to B with content certification on September 27, 2012 and September 28, 2012, and issued notice of assignment of claims on October 8, 2012 under Article 7(1) of the Asset-Backed Securitization Act.

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