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(영문) 서울중앙지방법원 2018.10.16 2017가단5233835
양수금
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The National Bank Co., Ltd. (hereinafter “National Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and lent KRW 2.4 billion to Defendant Co., Ltd. on July 20, 207 as an enterprise-general facility loan subject.

Defendant B jointly and severally guaranteed the Defendant Company’s above loans (hereinafter “instant loans”).

The Defendant Company lost the benefit of time due to the delinquency in the repayment of the obligation of the instant loan.

The claim for the instant loan was transferred from the National Bank to Korea, the Korea EF&A Co., Ltd., the Korea EF&A 22 securitization specialized in the 22th securitization, and the Defendant Company was given notice of each assignment of claims.

Meanwhile, on November 12, 2012, in the case of the auction of the real estate C’s real estate loan with the Changwon District Court, the limited company specializing in the 22-backed securitization in Korea receives dividends of KRW 3,120,00,000 out of the amount of the instant loan and transfers the remainder to the Plaintiff. On October 15, 2017, the remaining amount of the credit as of October 15, 2017 reaches KRW 172,983,098, and KRW 150,000, 35,316,987, overdue interest, 118,063,50, total of KRW 326,513,589.

Therefore, the Defendants are jointly and severally and severally liable to the Plaintiff, the assignee of the instant loan, and are obligated to pay 100 million won of the principal of the instant loan, which the Plaintiff seeks as a partial claim, and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the date of service

2. Assertion and determination

A. As to the Plaintiff’s aforementioned assertion, the Defendants asserted that, inasmuch as the Korea EF&A 22-backed securitization specialized company that transferred the claim to the Plaintiff received dividends in excess of the reasonable amount of claims in the above auction case, the instant loan obligation is already repaid and extinguished, and there is no remaining obligation.

(b) dispute between the Parties;

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