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(영문) 서울남부지방법원 2015.04.10 2014가합5914

사해행위취소 등

Text

1.(a)

On August 17, 201, 201, the patent rights listed in the separate sheet Nos. 1, 2, 3, 5, and 8 between C&T and the Defendant are included.

Reasons

1. Basic facts

A. The Plaintiff’s claim for preservation 1) New Bank Co., Ltd. (hereinafter “New Bank”)

(2) From July 15, 2003 to July 29, 2011, 2003, Citex Co., Ltd. (hereinafter referred to as “ Citex”)

A) A loan has been extended to a person by means of a general loan, a small and medium promotion fund loan, a local small and medium-sized district adjustment loan, a guarantee of foreign currency payment, a comprehensive passbook loan, a overdraft loan, an enterprise purchase fund loan, an industrial technology fund loan, etc. (hereinafter referred to as “instant loan bond”).

(2) On September 26, 2011, 201, the new bank entered into an asset acquisition agreement with us on the transfer of the instant loan claim against Citex between Korea and the 12th securitization specialized company.

On September 27, 2011, the new bank notified Citex of the assignment of claims, and the above notification of the assignment of claims reached Citex around that time.

3) On February 18, 2014, our company specialized in the 12 securitization entered into an asset transfer agreement with the Plaintiff to transfer the instant loan claims to the Plaintiff. As of December 31, 2013, our company specialized in the 12 securitization notified of the transfer of the instant loan claims to Kenya on March 24, 2014, and the said notification of the transfer of claims reached Kenya around that time. 4) As of December 31, 2013, the outstanding principal of the instant loan claims reaches KRW 9,978,63,923.

B. On April 2009, 2009, the District Court rendered a decision to commence rehabilitation procedures on August 25, 2009 by the Seoul Central District Court 2009. However, the court rendered a decision to discontinue rehabilitation procedures on August 25, 2009 on the ground that the liquidation value of the Certex is clearly higher than the continuous corporate value, and the above decision to discontinue rehabilitation was finalized on September 9, 2009.2) seven financial institutions including the new bank.