logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.04.05 2016가합3034
양수금
Text

1. The Defendant’s respective KRW 361,158,023 against each of the Plaintiffs and 5% per annum from June 9, 2016 to September 29, 2016, respectively.

Reasons

1. Facts of recognition;

A. From April 28, 2006 to May 19, 2008, Han Bank lent to the Defendant a total of KRW 1,530,000,000 on five occasions, and was created by the Defendant’s real estate as collateral.

B. On June 28, 2012, the Han Bank Co., Ltd. transferred the above loan credit (1,460,000,000 won as of June 27, 2012) to a limited company specializing in the securitization of the Republic of Korea EF&A No. 28, and notified the Defendant of the above transfer on June 29, 2012, and the above notification was issued around that time.

C. On October 30, 2015, a limited company specializing in the 28th securitization of Korea EF&A transferred the above credit (the principal amount 1,460,000,000 won as of October 30, 2015) to the Plaintiffs, and notified the Defendant of the above transfer on June 17, 2016. The above notification was issued around that time.

The amount of KRW 1,489,483,950 to be actually distributed on June 8, 2016 in this Court D's D's auction of real estate held in this Court as to the above acquired amount claim was appropriated for interest or delay damages up to June 8, 2016 as to the principal amount of KRW 1,460,00,00 for interest or delay damages up to June 8, 2016, and KRW 737,683,953 out of principal amount.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 or 5 (including each number for a case with a different number), the purport of the whole pleading

2. According to the facts found in the establishment of the obligation to pay the acquisition amount, the defendant dismissed the amount of KRW 361,158,023, respectively, of the balance of the acquisition amount to the plaintiffs (==(1,460,00,000 won - KRW 737,683,953) ± 2,953) and the damages for delay from June 9, 2016 to September 29, 2016, which is the day following the day on which the original copy of the payment order of this case was served, until September 29, 2016, which is the day on which the original copy of the payment order of this case was served, and the next day (the amount the plaintiff seeks is less than KRW 361,460,00,000,000) from the day following the day of service of the original payment order of this case to the day of full payment).

arrow