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(영문) 서울고등법원 2016.06.24 2015나2017591

계약해제에 따른 반환청구 등의 소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

The Promotion Savings Bank Co., Ltd. (hereinafter referred to as the "Promotion Savings Bank") shall be governed by the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation (hereinafter referred to as the

) A mutual savings bank corresponding to “financial companies, etc.” as provided in subparagraph 1 of Article 2 of the Act. The Defendant is a public corporation established to facilitate the disposal of non-performing assets held by financial companies, etc. and efficiently support the normalization of management of enterprises with insolvency signs.

On June 29, 2011, the Promotion Savings Bank entered into a contract with the Defendant on the transfer of bonds in an amount equivalent to KRW 5.323,307,059 (hereinafter “instant bonds”) equivalent to the total amount of non-performing loans in the amount of KRW 6.481,253,746 (hereinafter “instant bonds”) of the total amount of the principal and interest of the non-performing loans on the Hy village Co.,, Ltd. (hereinafter “Y”) of the Promotion Savings Bank under Article 4 of the Asset Management Corporation Act and Article 4(2) of the Enforcement Decree of the same Act

(hereinafter referred to as the "transfer contract of this case"). The main contents of the transfer contract of this case are as follows.

A No. 14-1 (Methods of Calculating the acquisition price of secured bonds) Article 4 (Methods of Calculating the acquisition price of secured bonds) shall be calculated according to the following subparagraphs:

1. 부동산담보부 채권(예상매각가 - 총 선순위채권) ÷ (1 현가할인율){} ^{n(할인기간)} (이하 생략) 제8조(부동산 담보부채권 양수대금의 사후정산) ① 부동산 담보부채권 양수대금(경매집행비용은 포함하지 아니한다)에 대하여는 담보물건별 경매법원의 배당표상 확정된 배당금(경매집행비용은 포함하지 아니한다)에 따라 다음과 같이 부동산 담보부채권 수정 양수대금을 산정하여 본 계약체결시 지급한 양수대금과의 차액을 사후정산한다.

경매배당표상 확정된 양수인의 배당금 ÷ (1 현가할인율){} ^{n(할인기간)} ② 제1항에 의한 사후정산은 다음 각 호와...