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1. The defendant shall pay to the plaintiff the amount of KRW 818,065,094 and the amount of KRW 398,307,327 from December 8, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 9, 2012, the Defendant purchased the “beneficiary certificates” (hereinafter “the instant beneficiary certificates”) held in trust with our bank by a securities investment trust, among the beneficiary certificates under the trust agreement, which are owned by Solomon Bank’s credit recovery claims and individual rehabilitation claims, by taking out KRW 11.2 billion in total from Dong Savings Bank, Solomon Savings Bank, Solomon Savings Bank, Solomon Savings Bank (hereinafter “ Solomon Bank”).
B. In relation to the purchase of the instant beneficiary certificates by the Defendant, the Solomon Bank concluded a subordinate loan agreement (hereinafter “instant loan agreement”) with the Defendant and the Fund Manager, the borrower, on January 9, 2012. Accordingly, on January 10, 2012, the Solomon Bank loaned KRW 561,534,247 to the Defendant on a yearly basis, 10% per annum, 19% per annum, 19% per annum, and July 10, 2015 (hereinafter “instant loan”).
- The borrower, the Defendant, is seeking to purchase the instant securities and repay the purchase fund with the proceeds distribution, etc.
- The Solomon Bank, the lender, loans 561,534,247 won to the Defendant for securitization transactions based on the beneficiary certificates of this case purchased by the Defendant.
- The Fund Management Account (the Account in the name of the defendant opened in the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S
- If there is competition in the execution of funds in the fund management account, the principal and interest of the lender prior to the priority shall take precedence over the principal and interest of the loan.
C. The instant securities, the manager of the instant securities, takes precedence over the instant securities.