logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.08 2014나42285
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 2002, Korea-do Mutual Savings Bank (hereinafter “Korea-do Mutual Savings Bank”) was changed to the name of Korea-do Mutual Savings Bank (hereinafter “Korea-do Mutual Savings Bank”) and leased KRW 950 million to the Defendant at 11.5% per annum, interest rate of KRW 150 million per annum, and delay compensation rate of KRW 20% per annum, and completed the registration of the establishment of the neighboring land and building in Gangnam-gu Seoul District Mutual Savings Bank owned by the Defendant as security.

B. The Seoul Central District Court C on December 19, 2003, rendered a voluntary decision to commence the auction on the above land and buildings upon the application of the Solo Mutual Savings Bank on December 18, 2003. The Solo Mutual Savings Bank, on June 16, 2005, received the total of KRW 1,458,648,819, the sum of KRW 1,235,000,000 equivalent to the maximum debt amount of KRW 950,000,000 and interest KRW 285,50,000,000,000 from the above auction procedure.

C. On June 7, 2010, Sol Mutual Savings Bank transferred the interest claim (hereinafter “interest claim of this case”) of the remainder of 223,648,819 won (i.e., KRW 508,648,819 - KRW 285,000) that it had against the Defendant to the Defendant against Dongsung C&P Co., Ltd. (hereinafter “instant interest claim”). On September 1, 2010, it notified the Defendant of the assignment of the claim, and the above notification was issued to the Defendant around that time.

On June 8, 2012, Dong name P&C Co., Ltd. transferred the instant interest claim to the Plaintiff again, and on June 20, 2012, notified the Defendant of the assignment of claim, and around that time, the said notification reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 through 7, 9, Eul evidence 6-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff 223,648,819, which is the final transferee of the interest claim of this case, KRW 100 million and damages for delay.

B. On the determination of the defense, etc.

arrow