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(영문) 서울중앙지방법원 2018.07.26 2018가합501506
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 508,331,801 and KRW 297,546,998 among them.

Reasons

1. Facts of recognition;

A. On August 10, 2011, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with Han Bank Co., Ltd. (hereinafter “I Bank”) with the following (hereinafter “the instant credit transaction agreement”), and received a loan. Defendant B jointly and severally guaranteed the Defendant’s performance of obligations under the instant credit transaction agreement.

Loan subjects: Amount of loan extended by an enterprise operating ordinary loan (passbook loan): 450,000,000 won: the date of loan: August 10, 2011: Interest rate at the changed rate:

B. Defendant A lost the benefit of time due to nonperformance of the principal and interest of loans under the credit transaction agreement of this case.

C. On June 7, 2012, one bank and one bank enter into an asset acquisition agreement and one bank on June 7, 2012 between Han Bank and Korea L&A Co., Ltd. (hereinafter “instant loan claims”) under the instant credit transaction agreement with Korea, and our E&A Co., Ltd, and a limited liability company specializing in the 28th Asset-backed Securitization (hereinafter “Korea”) on June 28, 2012, transferred the instant loan claims to Korea under the instant credit transaction agreement to Korea in accordance with the asset acquisition agreement, and then sent a notice of assignment of claims to Defendant A by mail proving the content of the assignment of claims.

On August 14, 2013, the 28th Ef&A specialized securitization company received 431,85,227 won from the Daejeon District Court C real estate auction case and appropriated it for the repayment of the instant loan claims. As of December 31, 2013, the principal of the instant loan claims as of December 31, 2013 is 297,546,998 won, the attempted interest rate is 15,659,939 won, overdue interest rate is 195,124,864 won, and overdue interest rate is 17% per annum.

E. On February 18, 2014, our Ef&A’s 28th securitization specializing in the transfer of the instant loan claims to the Plaintiff, and delegated the Plaintiff with the authority to send notice of the transfer of claims.

Accordingly, on March 14, 2014, the Plaintiff was against Defendant A.

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