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(영문) 서울중앙지방법원 2021.03.09 2020가단5200385
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 15, 2009, the Plaintiff, upon receiving a loan of KRW 2.7 million from C, agreed to repay the principal and interest in equal installments for the next 54 months (hereinafter “instant bonds”). B. On August 26, 2011, the Financial Services Commission decided to transfer the assets of C, including the instant bonds, to D with the liabilities of D, and publicly announced it on August 29, 201 in a daily newspaper.

(2) Where an insolvent financial institution falls under any of the following subparagraphs, the Financial Services Commission may take necessary measures against the insolvent financial institution, such as decision on transfer of a contract, suspension of business for not more than six months, cancellation of authorization or permission for business, etc.:

Article 14-2 (Effect of Decisions on Transfer of Contracts) (1) Where a decision on transfer of contracts has been made pursuant to Article 14(2), the rights and duties of the insolvent financial institution under a contract included in the decision shall be succeeded to the financial institution to which the contract is transferred (hereinafter referred to as "acquisition financial institution") at the time of the decision on transfer of contracts.

(2) Where a decision on the transfer of contracts has been made pursuant to Article 14 (2), the insolvent financial institutions and the underwriting financial institutions shall jointly announce a summary of such decision and the fact of transfer of contracts in at least two daily newspapers without delay.

(3) Where a public announcement is made pursuant to paragraph (2), the legal relationship between the creditor, debtor, water guarantor and other interested persons (hereinafter referred to as "interested persons") related to the transfer of the contract and the relevant insolvent financial institution shall be succeeded to the same content as the underwriting financial institution.

Provided, That interested persons may oppose the underwriting financial institution on the grounds that have occurred between them and the insolvent financial institution prior to the public announcement under paragraph (2).

(4) Where a public announcement under paragraph (2) has been made, the public announcement shall meet the requirements for setting up against the assignment of nominative claims under Article 450 of the Civil Act.

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