beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Loan claims and security 1) The Defendant Company A (hereinafter “A”)
A) The Defendant had a claim by executing the loan as follows. A loan claim No. 1 was KRW 790,00,000,000, at the interest rate of KRW 148,185,734 per annum and interest rate of KRW 4.76% per annum, 11% per annum, 4.278% per annum, and overdue interest of KRW 4.53% per annum, and 16% per annum, at the interest rate of KRW 14.76% per annum, and 4.053% per annum, from May 4, 2012, as security for a loan claim, the Defendant completed a registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”).
B. The Defendant filed an application for voluntary auction on November 27, 2015, stating that “the indication of the claim” in the column for the application for commencement of voluntary auction as to “the amount of KRW 847,553,098 and the principal amount of KRW 790,000,000” as “the damages for delay at the rate of 11% per annum from November 24, 2015 to the date of full payment,” and filed an application for commencement of voluntary auction with the Daejeon District Court Support C on the basis of the instant right to collateral security and received a decision to commence voluntary auction as of November 30, 2015.
C. On March 11, 2016, the Defendant entered into an agreement on the assignment of claims between the Plaintiff and the Defendant with the main content that the Defendant transfers to the Plaintiff all of the security rights, such as the Defendant’s first, second, loan claims, interest claims, delay damages claims, and all other incidental claims, and mortgages to secure the first and second loan claims (hereinafter “instant transfer agreement”).
With D on April 6, 2016, the Plaintiff entered into an agreement on the assignment of claims between the Plaintiff and D, and D. The Plaintiff and D.: (a) the Plaintiff transferred to D all the security rights, such as the first, second and second loans, interest claims, damages for delay claims, and all other incidental claims; and (b) mortgages to secure the first and second loans claims.