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(영문) 서울중앙지방법원 2015.01.21 2014가단5265190
양수금
Text

1. The defendant shall pay to the plaintiff KRW 31,476,06 and KRW 24,790,727 among them, from August 22, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 16, 2007, the Defendant received a loan of KRW 1.4 billion from Han Bank Co., Ltd. (hereinafter “one Bank”) as of October 16, 201 due date (hereinafter “instant loan obligation”).

B obtained a loan of KRW 1.2 billion from the Han Bank on April 23, 2009 as the due date for repayment on April 23, 2010. The Defendant provided a collateral guarantee (hereinafter “the instant guarantee obligation”) within the scope of KRW 1.56 billion.

B. On December 26, 2011, the above loans and guarantee claims against the Defendant of the Han Bank were transferred to the limited liability company specializing in the 24th securitization of Korea F&A on December 26, 201, and the above transfer was notified to the Defendant at that time.

C. Meanwhile, in the case of an auction of real estate C, the Seoul Central District Court C, which requested the Bank with respect to the Defendant’s real estate, received dividends of KRW 3,158,89,861 on November 29, 2012, and appropriated it as shown in the separate sheet, and then transferred KRW 24,790,727 on the Defendant except for the instant guarantee claim as well as KRW 4,583,907 on February 28, 2014, KRW 29,374,634 on a total of KRW 29,374,634 on the part of the Defendant except for the instant guarantee claim, and thereafter notified the Defendant of the said transfer.

The damages for delay until December 31, 2013, extended by the Plaintiff, are KRW 2,101,372 in total.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5, the purport of the whole pleadings

2. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money stated in the claim.

Although the defendant asserts to the effect that all obligations have been repaid at the above auction procedure, the defendant's assertion is not accepted since there are remaining obligations.

3. Accordingly, the plaintiff's claim is reasonable.

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