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(영문) 서울서부지방법원 2017.12.21 2017가합35076
양수금
Text

1. The defendant shall pay to the plaintiff KRW 326,80,003 and KRW 226,800,000 among them, from May 19, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 23, 2008, the Defendant acquired the obligation of KRW 1,800,000 for household ordinary loan from Han Bank Co., Ltd. (hereinafter “I Bank”) by February 4, 2013, with a rate of 19% per annum until February 5, 2013. The Defendant took over the obligation of KRW 1,80,000 for household ordinary loan from Han Bank as collateral, each of the real estate listed in the separate sheet from Han Bank as follows, but lost the benefit of time by delaying repayment of each loan.

The interest rate on the overdue loan (original repayment delay rate) at the rate of 80,000,000 on January 25, 201, 201; 19% per annum on April 10, 2013; 200,000,000 on March 10, 201; and 19% per annum on March 10, 201, at least three (3) months in arrears on September 10, 201; 17% per annum on February 17, 2012; 10,000,000,00 per annum;

B. The above loan claims against the Defendant of the Han Bank were transferred in sequence to the Joint Asset Management Co., Ltd. and a limited-liability company specializing in the emulative Third Asset Securitization. On August 27, 2015, a limited-liability company specializing in the emulative Third Asset Securitization transferred the above claim to the Plaintiff, and notified the Defendant of the fact of transferring the claim on March 23, 2016.

C. Meanwhile, one bank applied for the auction of real estate rent in Seoul Western District Court D and E, based on the right to collateral security established on each real estate listed in the separate sheet. In the auction procedure of real estate rent, the Plaintiff received dividends of KRW 1,216,501,824 out of the total amount of principal and interest of the loan in May 17, 2016, which was the date of distribution.

[Reasons for Recognition] Facts without dispute, Gap 1 through 9 evidence, Eul 6's statements, the purport of the whole pleadings

2. According to the facts of the above determination, with respect to KRW 326,80,00,000, which remains after deducting the above dividends of KRW 1,216,501,827 from the total amount of the above principal and interest of loans to the Plaintiff, a transferee of the above loan claim, and KRW 226,80,003, whichever is the agreed interest rate of KRW 19%, 100,000,000, which is the agreed interest rate of KRW 19% from May 19, 2016, which is the interest rate of KRW 1,542,581,827 (loan from February 17, 2012), which is the agreed interest rate of KRW 1,216,50,00 from May 19, 2016.

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