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(영문) 서울중앙지방법원 2016.12.09 2016가합7321

유동화사채 원리금

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1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status 1 of the parties to the contract

(2) The Defendant issued securitization bonds of KRW 71,517,00,000 on the basis of the above non-performing loans after having taken over non-performing loans from the Korea Bank (hereinafter “Korea Bank”) in accordance with the asset-backed securitization plan. On June 9, 2014, the non-party company acquired registered subordinated securitization bonds of KRW 10,727,550,000 issued by the Defendant, and the Plaintiffs are investors in the non-party company.

B. On August 7, 2015, Plaintiff A filed an application for a payment order with Nonparty Company for the payment order (Seoul Central District Court 2015Da39933). On August 25, 2015, Plaintiff A filed a lawsuit against Nonparty Company for the payment order (Seoul Central District Court 2015Da39933). The said court: “Non-Party Company shall pay to Plaintiff A KRW 110,63,453 per annum from July 29, 2015 to the delivery date of the original of the payment order; KRW 5% per annum from the next day to the date of complete payment; KRW 20% per annum from the next day to the date of full payment; KRW 15% per annum from the date of settlement order to the date of full payment.” Plaintiff B filed a lawsuit against Nonparty Company for the payment order in addition to the agreed amount calculated on August 28, 2015 (Seoul Central District Court 2015Da52975, May 25, 20197).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 7, 11, 13, and 14 (including branch numbers; hereinafter the same shall apply).