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1. As to KRW 135,939,007 and its KRW 98,159,210 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 9, 2019 to December 3, 2019.
Reasons
1. Facts of recognition;
A. The Defendant borrowed the following money from the Industrial Bank of Korea:
Postal loan 11% per annum 11% per annum on September 19, 2012, 30,000 of general household loan 30,000,000 per annum 330,000,000 of general household loan 11% per annum 30,000,000 of general household loan 17, 209.30,000,000 per annum 11% per annum 20,000 of general household loan 4,000 on February 1, 2013.
B. On June 26, 2015, the Defendant lost profits by failing to pay some of the above loans and interest, and the Industrial Bank of Korea concluded an asset acquisition agreement with the Plaintiff and transferred the above principal and interest of loan to the Plaintiff, and notified the Defendant of the assignment of the above credit.
C. The Industrial Bank of Korea filed an application for voluntary auction with the Suwon District Court E with respect to the Suwon District C Apartment D (hereinafter “instant real estate”) owned by the Defendant, and reported the claim against the Defendant to the auction court as KRW 496,195,079 (principal KRW 385,855,758, 110,339,321).
Since then, around May 4, 2016, the Plaintiff acquired the claim for the instant loan from the Industrial Bank of Korea received dividends of KRW 396,00,000, which is the maximum debt amount, from an auction court. The provisional payment of KRW 1,618,590, interest 110,339,321, and interest 284,04,042,089, which is part of the principal and interest of the instant loan. However, as of November 8, 2019, the Plaintiff did not receive the loan balance and interest as follows.
Serial Nos. 36,144,6231,632,02212,167,369,946,014 general household loan 30,000,59,72641,59,7263 general household loan 12,014,587,60,60,1174 household loan 20,000,733,73150/3150 of general household loan 12,014,587,545,530,60,1174 household loan 20,000,733,50,727,733,150 / [Grounds] Nos. 11 through 4, and the purport of the entire pleadings and arguments
2. According to the above facts of recognition as to the cause of the claim, the defendant is special.