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(영문) 서울중앙지방법원 2017.07.12 2016가합580628

추심금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Case 1) Our Bank Co., Ltd. (hereinafter “Korea Bank”)

(A) On May 26, 2014, the Bank of Korea (hereinafter referred to as “Nonindicted Company”)

3) The claim sales contract and the claim sales contract (hereinafter “the claim sales contract of this case”)

(2) On June 9, 2014, the non-party company entered into a new life insurance company (hereinafter “new life insurance”), the new financial investment company (hereinafter “new financial investment company”), the OSB Savings Bank (hereinafter “OS Savings Bank”), and the non-party company (hereinafter “the above companies”) entered into a bond-backed acquisition contract (hereinafter “mortgage-backed acquisition contract”) with the Defendant, and subsequently, the non-party company entered into a new life insurance company (hereinafter “new financial investment”), the new financial investment company (hereinafter “new financial investment”), and the main contents of the bond-backed acquisition contract are as follows.

Specialized

A. On May 26, 2014, in accordance with the instant contract for the sales of claims concluded on May 26, 2014 between our bank and the non-party company, our bank sells a scenario composed of certain bad debts, related collateral and other detailed assets, and the non-party company intends to purchase it.

B. According to the contract of assignment of the instant claim sales contract concluded on June 10, 2014 between the non-party company, the transferee, the defendant and the Korean bank, the non-party company, transferred all rights, interests, and obligations under the contract of the instant claim sales, to the defendant, and the defendant takes over them from the non-party company.

C. The Defendant issued securitization bonds worth KRW 71,517,00,000 in total. ① New Life Insurance Co., Ltd. is a senior bondholder, with a priority of KRW 32,182,650,00 in total, with a priority of KRW 32,182,650,00 in total, and ② New Financial Investment is a senior bondholder, with a priority of KRW 19,309,590,00 in total, and ③ OSB Savings Bank is a senior bondholder.