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(영문) 서울중앙지방법원 2015.07.03 2014가단5257250
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,546,581 as well as KRW 24,305,212 among them, from August 15, 2014 to the day of full payment.

Reasons

1. On May 20, 2005, B, the Defendant, as the Defendant’s primary facts, obtained a loan of KRW 80,000,00 from the National Agricultural Cooperative Federation (hereinafter “CF”) at an interest rate of KRW 13.3% (hereinafter “the instant loan”); on February 29, 2008, the Defendant acquired the principal and interest obligation of the instant loan No. 1; on May 19, 2005, on the security of the instant loan No. 1 as to the claim for the principal and interest of the instant loan, KRW 1762 square meters (hereinafter “the instant forest”) of forest C1762 square meters (hereinafter “the instant forest”).

On March 7, 2008, the Defendant obtained a loan of KRW 40,000,00 from the Nonghyup at an interest rate of 14% (hereinafter “the second loan”), and on March 5, 2008, on the security of the principal and interest of the loan of this case, the registration of creation of a neighboring mortgage of KRW 72,00,000 on the forest of this case was completed.

On June 14, 2012, on the instant forest land, the Daejeon District Court rendered a voluntary decision to commence auction as Seosan Branch D (hereinafter “instant voluntary auction”) upon the application of the Agricultural Cooperative Co., Ltd., the mortgagee of the right to collateral security.

On September 5, 2012, agricultural cooperatives transferred each of the principal and interest claims based on loans Nos. 1 and 2 to a limited company specializing in the 18th Asset-backed Securitization (hereinafter “non-corporate securitization company”) by Korea. The notification of the transfer was made by means of public announcement in daily newspapers on the 17th day of the same month in accordance with Article 7 of the Asset-Backed Securitization Act.

On June 26, 2013, Nonparty-backed Company received KRW 113,872,833 regarding the principal and interest of the instant loans during the instant voluntary auction procedure. The amount of dividends was fully paid to Nonparty-backed Company in the order of the entire claim on the interest of the instant loans 1 and 2, the entire claim on the principal and interest of the instant loans 2, and the principal and interest of the instant loans 1 in the order of partial appropriation.

On February 18, 2014, Nonparty-backed Company transferred to the Plaintiff the remaining principal and interest claims based on the instant loan No. 1.

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