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(영문) 창원지방법원 2015.05.21 2014나33172
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 62,954,934 and KRW 11,894,046 among the Plaintiff’s KRW 62,954,934.

Reasons

1. Facts of recognition;

A. On February 16, 2007, the Defendant entered into a credit transaction agreement with the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), and received each loan of KRW 130 million on February 16, 2007 (hereinafter “the first loan claim”), KRW 140 million on the same day (hereinafter “the second loan claim”), KRW 11,894,046 on March 14, 2007 (hereinafter “the third loan claim”), and KRW 130 million on March 14, 2007 (hereinafter “each loan claim”).

B. On December 24, 2009, Gyeongnam Bank transferred all the principal and interest of each of the above loans to the Plaintiff, notified the Defendant of the assignment of claims on the same day, and around that time, notified the Defendant of the assignment of claims.

C. The Defendant, via a certified judicial scrivener on October 4, 2010, filed an application for bankruptcy and exemption (hereinafter “instant application”) with the Changwon District Court Decision 2010Hadan2506 and 2010Hadan2507, and was granted a decision to grant immunity on June 12, 2012 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity was finalized around that time.

A certified judicial scrivener to whom the application of this case was delegated shall prepare a list of creditors, including B and the Korea Technology Finance Corporation, etc. as creditors against the defendant at the time of application and submit it to the court. However, each of the loans of this case transferred by the plaintiff to the court

E. Meanwhile, as of April 1, 2014, the claims for the first loan were repaid in full, and the interest rate remains KRW 16,937,175, and the second loan claims remain in KRW 3,018,067, interest rate of KRW 15,582,378, and the third loan claims remain in KRW 11,894,046, interest rate of KRW 15,523,268.

The overdue interest rate on the second loan claims is 19% per annum, and the overdue interest rate on the third loan claims is 28% per annum.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the cause of the claim.

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