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(영문) 서울중앙지방법원 2020.11.10 2020가단5009261
양수금 등
Text

The Plaintiff

A. Defendant B Co., Ltd.: 34,024,290 won and its therefrom from September 23, 2020:

B. The Defendants are the defendants.

Reasons

1. Facts of recognition;

A. On June 29, 2010, Defendant B Co., Ltd. (hereinafter “Defendant Company”) obtained, at the Industrial Bank of Korea of the Nonparty, a loan of KRW 760 million in small and medium enterprise facility loan amounting to KRW 760 million in the amount of the loan as security, from the Defendant Company’s factory (factory site and its ground building) located in Si/Gun on June 29, 2010, and (2) on August 30, 2013, the loan amounting to KRW 200 million in the amount of the loan under Defendant C’s joint and several surety (hereinafter “each of the instant loans” collectively, and each of the loans specified as the date of the loan).

B. When the Defendants delayed repayment of the principal and interest of each of the instant loan obligations, the Industrial Bank of Korea applied for voluntary auction against the Defendant’s factory to Daegu District Court and Racing SupportF, and received voluntary auction ruling on November 6, 2018.

C. On November 20, 2018, Defendant Company sold the instant factory to Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) and completed the registration of ownership transfer on December 17, 2018.

As of December 17, 2018, the maximum debt amount of the Industrial Bank of Korea established at the factory of this case to secure the loan obligation as of June 29, 2010, which was acquired by the non-party company, was KRW 912 million.

On December 20, 2018, the unpaid principal account of the Industrial Bank of Korea was paid in KRW 912 million at the request of the defendant company. The Industrial Bank of Korea appropriated the said money in the order of the principal of the loan obligation (auction costs and security guard) on June 29, 2010, the principal, and the principal on August 30, 2013, the loan obligation on June 29, 2010 remains only interest, and the loan obligation on August 30, 2013 remains in KRW 13,546,557 on this day.

E. The Industrial Bank of Korea around the same time

(b) cancel the registration of the establishment of the neighboring mortgage of the State.

The motion for voluntary auction was withdrawn.

F. On December 27, 2018, the Industrial Bank of Korea issued each of the instant loans to the Plaintiff, as prescribed by the Asset-Backed Securitization Act.

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