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(영문) 대전지방법원 2018.05.30 2018가합354
양수금
Text

1. The defendant shall pay to the plaintiff KRW 300,000,000 within the limit of KRW 650,000,000, and shall pay to the plaintiff full payment from February 15, 2018.

Reasons

Basic Facts

C) On May 29, 2013, with respect to KRW 500,00,00 from the PPS (hereinafter “PS”) on a credit basis, C received a loan by setting the loan at the rate of June 4, 2015, annual interest rate of 7%, and delay compensation rate of 22% as 50,000,000 on the expiration date of the loan. On June 4, 2015, C agreed that no objection shall be raised even if any measure is taken pursuant to each of the respective provisions of the original loan transaction agreement, if it is impossible to repay it within the due date, it shall be changed to June 4, 2017 on the expiration date of the loan.

(hereinafter “instant loan”). On May 29, 2013, the Defendant entered into a comprehensive collateral guarantee contract with the Sungdong Union up to KRW 650,00,000 with respect to the instant loan obligations. On June 4, 2015, the Defendant again entered into a limited collateral guarantee contract up to KRW 650,000,000.

C in order to secure the debt of the instant loan, each of the lands listed in the separate sheet Nos. 1 through 5, set up, respectively, the maximum debt amount of 650,00,000,000 won for each land listed in the separate sheet Nos. 6 and 7, the right to collateral security against the mortgagee, the right to collateral security against the debtor, and the right to collateral security against each real estate listed in the separate sheet Nos. 6 and 7, the right to collateral security against the debtor C.

(C) On December 18, 2015, the Defendant issued a notice to the Defendant on December 2, 2015 (hereinafter referred to as “the first transfer or acquisition agreement”) of the instant loan claim against Chungcheong Asset Management Co., Ltd. (hereinafter referred to as “ Chungcheong Asset Management”). On December 2, 2015, the Defendant notified the Defendant of the assignment of the said claim by mail with content-certified statement (hereinafter referred to as “the first transfer notification”), and around that time, the said notice was issued to the Defendant.

On December 21, 2015, Chungcheong Asset Management: (a) transferred the instant loan claims to the Plaintiff (hereinafter “the second transfer and acquisition agreement”); and (b) on September 6, 2017, the said assignment of claims to C is notified by mail verifying the content of the assignment; and (c) “the second transfer notification.”

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