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(영문) 서울남부지방법원 2018.05.04 2017가단249114
양수금
Text

1. The defendant shall pay to the plaintiff KRW 103,658,902 and KRW 34,711,819 among them, from September 2, 2017 to the day of full payment.

Reasons

1. The facts of recognition (1) on February 15, 2007, the Defendant received real estate collateral loan (hereinafter “instant loan”) with the interest rate of 3.6% added to the highest interest rate of the CD91 notified by the Bank of Korea, and 18.90% overdue interest rate of 18.90% on February 15, 2007, 212,000,000 from the non-party Inhinnin Capital Co., Ltd. (hereinafter referred to as the “non-party inhininnin”), 3.6% on June 23, 201, the Defendant transferred the instant loan claim to the Defendant on June 21, 2007, and 3.6% on June 23, 2011, after concluding an asset transfer agreement with the non-party inhinninnin Capital Co., Ltd., Ltd. (hereinafter referred to as “the instant loan”). The Defendant transferred the instant loan claim to the Defendant on June 23, 2017, 2017.

2. Determination

A. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 103,658,902 won in total with the principal of the instant loan and KRW 34,71,819, whichever is the following day of the delivery of the instant payment order, 15% interest per annum from September 2, 2017 to the day of full payment.

B. The Defendant alleged to the effect that the Defendant cannot accept the Plaintiff’s claim since the Defendant sold the real estate offered as security at the time of receiving the instant loan to Nonparty B, and Company B acquired the instant loan obligation. Accordingly, according to the evidence evidence No. 6, according to the above evidence, the Defendant’s evidence No. 117 and 102 at the time of the instant loan.

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