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(영문) 서울중앙지방법원 2018.01.25 2017가합564005
양수금
Text

1. The Defendant’s annual period from August 17, 2017 to September 21, 2017, as to KRW 466,572,542 among the Plaintiff and KRW 264,004,111 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 31, 2010, the Defendant entered into a loan transaction agreement with NFFF on December 4, 2013, 2013 with the general fund for household units, the loan amount of KRW 510 million, the due date for repayment of the loan amount of KRW 510 million, the rate of KRW 8.91% per annum, and the agreed delay damages at the rate of KRW 14.58% per annum, which is determined by the Suhyup, and received a loan from NFFC (hereinafter “instant loan”).

B. On December 30, 2013, NFC transferred the principal and interest of the instant loan to the Plaintiff, and notified the Defendant of the transfer by means of a certified document with a fixed date on January 8, 2014, and it appears that NFC reached the Defendant’s delivery by means of a certified document with a fixed date.

Unless a content-certified mail is sent and otherwise returned, it is reasonable to deem that it was served at that time, barring any special circumstances (see Supreme Court Decision 2000Da20052, Oct. 27, 2000). As examined below, the Plaintiff asserted that, although the Plaintiff was ordered to commence an auction of real estate on February 19, 2014, the sales proceeds were distributed to the Plaintiff, the Defendant did not raise an objection, and the Defendant should deduct the dividend from the Plaintiff in this case. In light of the above, the Defendant seems to have known that the loan claim in this case was transferred to the Plaintiff.

C. On February 19, 2014, the Plaintiff was subject to a decision to commence an auction of real estate rent to the Government District Court C with respect to real estate owned by the Defendant on February 19, 2014, and the said real estate was sold to a third party on May 12, 2015.

On June 8, 2015, the Plaintiff received dividends of KRW 238,295,889 from the above sale price.

As of August 16, 2017, the Plaintiff appropriated dividends of KRW 238,295,889 to the principal of the instant loan, the principal and interest of the instant loan of KRW 466,572,542 (= principal and interest of KRW 264,04,11 + interest of KRW 202,568,431).

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be the defendant.

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