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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 April 10, 2012, the Plaintiff and C entered into an agreement on acquisition of bonds (hereinafter “instant bonds acquisition agreement”) with a limited company specializing in the UNW third-backed securitization (hereinafter “special purpose company”), jointly acquired by the Plaintiff and C, to transfer the principal and interest of loans to the special purpose company’s joint transferee, and the collateral security, etc., which was created on the real estate owned by Busan FWnB as the secured claim, to KRW 1,600,000,000, and to pay KRW 1,40,000 for the down payment on April 10, 2012, and to pay KRW 1,60,000,000 for the remainder of June 10, 2012 (hereinafter “instant bonds acquisition agreement”). On the same day, the Plaintiff and C paid to the special purpose company the down payment amount of KRW 160,000,000.
B. On April 9, 2012, prior to the conclusion of the instant contract for the acquisition of claims, the Plaintiff and C concluded a contract with the Defendant and D (hereinafter “Defendant, etc.”) on April 9, 2012 to transfer the status of the purchaser of the right to collateral security claims as follows:
(hereinafter “instant contract”). A of the agreement on the transfer of the status of the purchaser of the right to collateral security claims: the Plaintiff, C: Defendant, and D
1. A shall enter into a contract for purchase of mortgage-backed claims from a special purpose company which is the transferee of the mortgage-backed claims in the Jung-seventh E auction case, and transfer them to B;
(B) On June 8, 2012, 200, 400,000 won is paid and transferred to A by June 8, 2012.
If B fails to comply with this Arrangement, interest of 39% per annum on 400,000,000 won from June 9, 2012 shall be paid to A.
3. A must transfer the status of purchaser of the above-mortgaged mortgage claim to B or B. If a transfer is made to a third party without the consent of B, A shall pay damages to B.
4. B must pay 400,000,000 won to A by June 8, 2012.