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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 25, 2008, B entered into a credit transaction agreement with the Korea Finance Savings Bank (Slomonmon Mutual Savings Bank: Solomon Mutual Savings Bank; hereinafter referred to as the “Slomon Mutual Savings Bank”) with terms of 225,000,000 won (hereinafter referred to as the “loan subject”) at the lending period of five years, damages rate of 25% per annum, and created a collateral security (hereinafter referred to as the “real estate in this case”) with respect to the real estate as indicated in the separate sheet, which is owned by the Solomon Mutual Savings Bank, with the maximum debt amount of 292,50,000 won.
B. On July 25, 2008, C entered into a comprehensive collateral guarantee agreement with Solomon Mutual Savings Bank to guarantee the principal and interest of the above B within the limit of KRW 292,50,000,000.
C. On April 4, 2013, the Solomon Mutual Savings Bank transferred claims B and C to the first asset management company based on the asset acquisition agreement entered into with the EF Asset Management Co., Ltd. and the first asset management company specialized in EF on May 2, 2013, and upon the transfer and acquisition agreement entered into with EF Asset Management Co., Ltd and the first asset management company specialized in EF on May 2, 2013, and thereafter, on January 29, 2015, the said claim was transferred to the Plaintiff on the basis of the asset acquisition agreement entered into with the Plaintiff on February 17, 2015.
B and C lose the benefit of time due to delay in the repayment of the principal and interest of loans. So Solomon Mutual Savings Bank was decided to commence the sale of real estate as D on January 30, 2013, and thereafter, on November 19, 2013, Einmonmon Mutual Savings Bank received dividends of KRW 164,631,819, which is the assignee of the obligation of Solomon Mutual Savings Bank, in the above voluntary auction procedure, and appropriated the dividends of KRW 164,631,819 to the provisional payment and interest such as auction expenses, and then, B and C’s loan obligations are 150,48,457 won and delay damages.