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(영문) 서울중앙지방법원 2018.05.25 2016가단5157484

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As between March 24, 1997 and June 26, 1998, the relationship (1) between the parties concerned of the instant case (hereinafter “A”) lent an amount equivalent to KRW 2,266,00,000 to A (the former trade name: B; hereinafter “A”) from March 24, 1997, and received an order of payment from the Seoul Central District Court to A on July 22, 2005.

(2) The plaintiff (which was the first trade name of the corporation and changed to the plaintiff on November 10, 2009) received a final claim based on the above payment order from the Orrenchi Mutual Savings and Finance Company.

(3) The Defendant is a corporation established under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) for the purpose of taking over and transferring claims, security rights, and other property rights, in accordance with the asset-backed securitization plan to be registered with the Financial Services Commission.

On February 4, 1997, 1997, C Long-term Credit Bank Co., Ltd. (hereinafter “Korea Long-Term Credit Bank”) (hereinafter “Korea Long-Term Credit Bank”) borrowed 63,00,000,000 won from Hongcheon District Court on February 5, 1997, Hongcheon District Court of 2608, 2608, d 63,000,000 won on February 4, 1997, under a joint and several surety of A on February 4, 1997, the Korea Long-Term Credit Bank (hereinafter “Korea Long-Term Credit Bank”) established the following real estate (hereinafter “Korea Long-Term Credit Bank”) with respect to the real estate owned by A by the debtor C and the debtor as collateral, with each of 50,000,000 won per annum 13.5% per annum and each due date of reimbursement on February 10, 1998.

(5) Thereafter, the secured debt of the instant right to collateral security from the Korea Long-term Credit Bank is the Korea Asset Management Corporation, the Korean National Bank (hereinafter “National Bank”), and the Solomon Savings Bank.