대여금
1. The plaintiff's appeal against the defendants and the claims extended in the trial are all dismissed.
2...
1. Basic facts
A. Seoul Mutual Savings Bank (hereinafter “SAF”) had a loan claim against the identity CC Co., Ltd. (hereinafter “SAC”) and the Defendant’s identity INC around 2008.
On the other hand, Alcen was entrusted with the former D Building (hereinafter “instant trust building”) in the K non-real estate trust company during the period of Alcenyang, and the Non-party bank had the status of the first and second beneficiaries in the above real estate trust with the claims for the above loans against the identity, CC and IdentityINC as the secured claim.
B. The Nonparty bank experienced difficulties in recovering loan claims on the identity cC, etc. on the other hand, on the grounds that the lien holder's assertion of right and the sale and public sale of the instant trust building are not smooth, and the Nonparty bank was also difficult to exercise the preferential right to benefit related to the instant trust building.
Accordingly, the non-party bank transferred the right to preferential benefit of the non-party bank related to the trust building of this case (hereinafter “the right to preferential benefit of this case”) to the defendant company (the right to preferential benefit of this case”) with the non-party company A (the company E prior to the change: the defendant company) who had experience in managing the defective field. ② The right to preferential benefit of the trust building of this case (the right to preferential benefit of this case) is paid to the defendant company. ③ The right to preferential benefit of this case is paid to the defendant company.
C. Accordingly, on September 30, 2008, the non-party bank entered into a claim transfer and takeover contract between the defendant company and the non-party company stating that "the defendant company will transfer the right to preferential benefit of this case to 4.5 billion won."
(2) In relation to the transfer price of the claim, the non-party bank loaned 4.5 billion won to the defendant company on the same day ( September 30, 2008) (hereinafter “the instant loan agreement”), and the same day (hereinafter “the instant loan agreement”).