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(영문) 서울고등법원 2018.07.19 2018나2015848

손해배상 청구의 소

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1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The plaintiff's claim.

Reasons

1. Basic facts

A. Assets acquisition and transfer contract and contract 1) OSB Savings Bank Co., Ltd. (hereinafter “OSB Savings Bank”).

(A) On February 26, 2015, the Bank of Korea (hereinafter “The Bank of Korea”) shall have the Bank of Korea (hereinafter “The Bank of Korea”).

BB Savings Bank entered into a contract on the acquisition of assets and the transfer of purchaser status with the content that the OSB Savings Bank would sell the secured non-performing loans in KRW 70,706,69,000 (hereinafter “instant asset acquisition agreement”).

(2) 2) The OSB Savings Bank was obligated to pay the purchase price to the OSB Savings Bank by March 26, 2015 under the instant asset acquisition agreement. However, the OSB Savings Bank newly prepared a written agreement on the change of the asset acquisition agreement and the transfer of the purchaser status on March 27, 2015, and transferred all the rights and obligations under the instant property acquisition agreement to the OSB Savings Bank and extended the payment date of the purchase price to March 30, 2015.

B. Loan agreements and Escros contract 1) The Bank of Korea (hereinafter “Scrosty”) loan was concluded on March 27, 2015 to raise the purchase price of the secured non-performing loans that OSB Savings Bank acquired from the OSB Savings Bank.

2) The term “the instant loan agreement” refers to a loan agreement under which the OSB savings bank is designated as “the first priority lender” and the amount of KRW 59.1 billion from Hyundai Macks’s social, and the OSB savings bank is to receive KRW 5.1 billion from the OSB savings bank (hereinafter “instant loan agreement”).

2) On March 27, 2015, the borrower entered into an agreement with the lender on March 27, 2015 (hereinafter the same applies) with the lender on March 27, 2015 (hereinafter the same applies).

(2) The dividends arising from the successful bid of the secured non-performing loans invested by the borrower pursuant to the loan agreement entered into with the borrower (hereinafter “Agreement”).