logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.12.19 2019가합34893
채권양도계약취소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 2014, Defendant B may add 500 million won to the Plaintiff a maximum annual rate of 5.3% per annum, and 13% per annum (1% within 30 days per annum, more than 30 days but more than 90 days, more than 12% within 90 days, and more than 13% per annum) with the overdue interest rate (damage for delay). Around December 12, 2014, Defendant B completed the registration of the establishment of a mortgage with respect to the registration of the creation of a mortgage over the maximum annual maximum debt amount of 60 million won (hereinafter “instant real estate”). A loan is made by setting a loan as the expiry date on December 12, 2017 (hereinafter “instant loan”); the Seoul Yongsan-gu Seoul Metropolitan Government D-gu and 106С on the same day, and the two houses of 2-luxed roof roof roof and the maximum debt amount of 100 million won per annum.

(hereinafter “the instant right to collateral security”). Article 7 (Duty to Pay Obligations before the due date). (1) In the event that an obligor (the Plaintiff refers to the Plaintiff. The same applies hereinafter) falls under any of the following grounds with respect to the content of the instant terms and conditions, even though there is no demand notice from the partnership (the Defendant Association and the part in the content of the instant terms and conditions) and there is no notification of demand from the partnership, the obligor is naturally liable to pay all obligations to the partnership.

1. Where a provisional seizure, seizure or notification of a disposition for arrears is sent on a deposit or other claims against the cooperative, or where a commencement of compulsory execution or a disposition for arrears is commenced by other methods;

c. Provided, That in the case of an obligation that exists as a collateral, the benefit due to provisional seizure shall be lost only when such collection is seriously hindered;

2. When an order of seizure or a notification of seizure or a disposition for arrears is sent with respect to the secured property provided by the debtor (excluding deposits under subparagraph 1 and other claims against the cooperative) or when the obligor commences compulsory execution or disposition for arrears by other means.

arrow