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(영문) 서울고등법원 2016.09.07 2015나2022395

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 21, 2010, the Komato Savings Bank Co., Ltd. (hereinafter “Intoma Savings Bank”) concluded a bond transfer contract with the Defendant (hereinafter “instant contract for the assignment of claims”) with the following content, including (i) transfer of bond certificates of KRW 1 billion (hereinafter “A bond”) to Komato Savings Bank Co., Ltd. in the amount of KRW 932,967,700; and (ii) transfer of bond certificates of KRW 10,707,728,493 to Somato Savings Bank Co., Ltd. in the amount of KRW 8,659,219,137 of the principal to Somato Savings Bank Co., Ltd. in the amount of KRW 8,659,219,137.

Article 8 (Ex Post Facto Settlement of Proceeds from Transfer of Bonds with Security) (1) For the proceeds from transfer of bonds with security security (excluding expenses for auction execution) of real estate, the difference between the proceeds from transfer and the proceeds from transfer paid at the time of conclusion of this contract shall be calculated according to the dividends determined by the distribution schedule of the court of auction by security items (excluding expenses for auction execution) as follows:

경매배당표상 확정된 양수인의 배당금 ÷ (1 현가 할인율){} ^{n(할인기간)} 제15조(채권별 계약의 해제) ① “양수인”은 다음 각 호의 사유가 발생한 경우 당해 대상채권에 대하여 계약을 해제할 수 있다.

1. Where litigation procedures are filed for the transfer or acquisition of subject bonds or security rights (including certificates of beneficial rights), or for the cancellation, cancellation, cancellation, termination, etc. related to the existence of such rights;

2. Where it is deemed impossible to take such measures because permission, etc. by the court of consent of persons related to debts is required;

3. Where “transferor” selects subject bonds, in violation of Articles 2 and 3 of this Agreement;

4. Where the terms "transferor" breaches or incomplete responsibilities prescribed in Articles 9 through 13 of this Agreement;

5. The Debtor Rehabilitation and Bankruptcy Act;