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(영문) 서울중앙지방법원 2019.06.05 2018가합541108

배당이의

Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The request for intervention by an independent party intervenor shall be rejected;

3. The costs of the lawsuit;

Reasons

1. Basic facts

A. On February 26, 2015, an intervenor (hereinafter “F”) against the Defendant 1) Company F on February 26, 2015

(2) On March 26, 2015, the Plaintiff entered into an agreement on the acquisition of assets and the transfer of the purchaser’s status with the purport of selling the non-performing loans to be secured at KRW 70,706,69,000 and being paid the purchase price (hereinafter “instant agreement on the acquisition of assets”).

(2) On March 27, 2015, the Defendant entered into a loan agreement between G and the Intervenor on March 27, 2015 with respect to the acquisition of the assets of F and the acquisition of all rights and obligations under the contract, and the transfer of the buyer status. (2) The Defendant entered into an agreement with the Intervenor on March 27, 2015, to raise the purchase price of the secured non-performing loans that the Intervenor acquired from the Intervenor, with the amount of KRW 59.1 billion from G and the amount of KRW 5 billion from the Intervenor. In order to secure the foregoing loan, the Defendant entered into the agreement on the loan agreement with the borrower, the prior lender, G, the next lender, the Intervenor, and the E-C Bank acting as the agent of the Intervenor’s bank account (hereinafter “instant account”).

3) According to the instant contract, E Bank cannot dispose of all the deposits in the instant account without the prior written consent of the Defendant, G, and the Intervenor, and the Defendant cannot claim any rights and interests, including the right to claim the return of deposit, as the deposit owner of the instant account. B. The Defendant who issued a promissory note against the Plaintiff on October 15, 2015, respectively, the Seoul Special Metropolitan City, the payee, the place of issuance, and the place of payment, and the date of issuance (hereinafter “instant promissory note”) dated 16, 2015, the date of issue, and October 16, 2015, respectively.

on the same day, a notary public has issued a law firm I document in 2015.