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(영문) 의정부지방법원 2020.11.11 2020가단117732
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 98,592,163 and KRW 33,681,736 from October 16, 2019 to the day of full payment.

Reasons

Facts of recognition

B Co., Ltd. (hereinafter “B”) is a corporation established for the purpose of loans to repay the existing debts to creditor financial institutions holding claims against the debtor, among the institutions affiliated with the creditor financial institutions agreement on the establishment and operation of dives banks.

The Defendant was liable for the obligation under each loan transaction agreement with C and other financial institutions. However, on May 20, 2004, B and the Defendant lent 35,843,736 won (existing principal amount 33,681,736 won) for the purpose of repaying the principal of the loan to the said creditor financial institution with respect to the above existing obligation between the Defendant and the Defendant, as well as in the form of taking over the interest claim and the provisional payment claim from the said creditor financial institution.

On February 25, 2005, the Defendant lost the benefit of time on February 25, 2005. On November 30, 2009, the Defendant filed a lawsuit against the Defendant, and the judgment against the Defendant that “The Defendant shall pay to the Plaintiff 47,495,832 won and 33,681,736 won with 17% interest per annum from September 17, 2009 to the date of full payment.”

B Pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, on January 26, 2018, the Plaintiff entered into a bond acquisition agreement and transferred the above claim against the Defendant to the Plaintiff. The Plaintiff was delegated with the authority to notify the assignment of claim from B and notified the Defendant of the assignment

The amount of claims that the plaintiff acquired from B pursuant to the above final judgment shall be as specified in the following table as of October 15, 2019:

(In relation to the annual interest rate, although the above final and conclusive judgment became final and conclusive as 17% per annum, the Plaintiff shall apply 15% per annum from November 1, 2017 to May 31, 2019, and shall be 12% per annum from June 1, 2019). The balance of loans from creditor financial institutions with respect to existing obligations (principal).

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