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(영문) 서울남부지방법원 2018.04.24 2017가단243253
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 669,90,072 as well as KRW 37,120,001 among them, from August 12, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 23, 2006, a loan transaction agreement was concluded between the Defendant on the loan of real estate amounting to KRW 777,000,000 between the Insulin Insulin Capital Co., Ltd. (hereinafter “insulin capital”) and the Defendant on the date from October 25, 2006 on which the maximum interest rate of KRW 4.4% from among the interest rate of the CD 91-water, the interest rate of KRW 18.90 per annum, the overdue interest rate of KRW 18.90 per annum, and the date from October 25, 2006 on the loan maturity to thirty years.

B. Although the Defendant was obligated to pay the principal of the loan and the agreed interest to the Insulin, the Defendant lost the benefit of time due to the failure to pay the interest.

C. On June 23, 2011, in accordance with the agreement on acquisition of its assets, a joint collateral loan claim and related assets existing as of February 28, 201, a joint collateral loan claim and related assets, which exist as of February 28, 201, was entrusted to the Korea Citty Bank, Korea Co., Ltd. (hereinafter “Korea Citty Bank”), with the Defendant, and the Korea Citty Bank transferred all rights and benefits with respect to the credit security loan claim and related assets, which exist as of February 28, 2011.

On August 1, 201, 201, "insulin," was notified of the assignment of claims on behalf of the Korea Cyti Bank.

The Seoul Central District Court B real estate rental application amounting to KRW 765,976,29, interest 606,329,179, and interest 606,329, and KRW 179, which was the subject of the said collateral security (hereinafter referred to as the “mortgage”) and received dividends in the amount of KRW 728,206,776 on July 24, 2013.

E. After that, on June 23, 2017, Nonparty 1’s parent base transferred the above claim to the Plaintiff and notified the transfer thereof, and the remaining debt amount in this case is as follows.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 669,90,072 and delay damages for the principal amount of KRW 37,120,001.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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