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(영문) 서울중앙지방법원 2015.08.11 2013가단81611
대여금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 69,321,453 and interest thereon from April 9, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. On February 29, 2008, the Defendant sold B apartment units 109, 1104 at Yangyang-si, Nam-si, Inc. (hereinafter “Dongyang Construction Industry”) in lots at KRW 599,50,000.

(hereinafter “instant sales contract”). B.

The Defendant borrowed KRW 29,750,000, totaling KRW 239,80,000 on June 20, 2008, and KRW 59,950,00 on March 10, 2010 (hereinafter “each of the instant loans”) from the Plaintiff for the purpose of paying intermediate payments pursuant to the instant sales contract, and received a loan on September 30, 201, respectively (hereinafter “each of the instant loans”), and the Gyeyang Construction Industry jointly and severally guaranteed the Defendant’s respective obligations for the instant loans.

Each of the loans of this case was directly paid from the plaintiff to the Dongyang Construction Industry according to the agreement between the plaintiff, the defendant and the Dongyang Construction Industry.

C. On December 24, 2013, the Plaintiff transferred each of the instant loans to a limited liability company specializing in the C&C securitization (hereinafter “Cbacked Securitization”), and notified the Defendant of the transfer of the instant loans on or around January 23, 2014, and the C&C re-transfer of each of the instant loans to the Intervenor succeeding to the Plaintiff (hereinafter “Successor”) on or around December 30, 2013, and notified the Defendant of the transfer of the instant loans on or around February 4, 2014.

The instant sales contract was rescinded due to the Defendant’s default of the sales price, and the principal and interest of each of the instant loans as of April 8, 2014 was KRW 425,551,744 (= Principal KRW 298,750,000) (= Principal KRW 125,801,744).

On April 8, 2014, the East Construction Industry repaid KRW 358,681,671 to the successor, and KRW 299,750,00 among them was the principal, and KRW 56,480,291 was the attempted interest and the partial repayment.

As a result, the amount of interest accrued from each of the loans of this case remains 69,321,453.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall be the successor intervenor.

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