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(영문) 대전지방법원 2015.08.13 2014가단4702
청구이의
Text

1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. The Daejeon District Court against the plaintiff by the defendant acceptance intervenor.

Reasons

1. If the claim under the executive title of the instant lawsuit against the Defendant is transferred and meets the requirements for setting up against the Defendant, the standing to sue shall be changed to the assignee. On June 23, 2014, when the instant lawsuit is pending, the Defendant transferred the claim under the payment order under the Disposition No. 2 to the Intervenor (hereinafter “Acceptance”) and notified the Plaintiff of the transfer of the claim under the Disposition No. 2, the standing to enforce the payment order was changed to the assignee.

Therefore, the plaintiff's lawsuit against the defendant is unlawful as it is against a person without standing to be the defendant.

2. Determination as to the claim against the Intervenor

A. Claim No. 1) The Plaintiff merged Han Bank Co., Ltd. (S. Han Bank Co., Ltd. on December 2, 2002 and changed its trade name to Han Bank.

hereinafter referred to as “one bank”

(2) On February 10, 1997, one bank received a general loan of KRW 2.9 million from the Plaintiff, the said loan claims against the Plaintiff were transferred to the future Egypt Capital Co., Ltd., Egypt Seoul Specialized Asset-Backed Company, Dlim Asset Management Loan Co., Ltd., and the Bank Asset Management Loan Co., Ltd. (hereinafter “BD Partnership Asset Management Loan”).

3) A trust administrator’s bond for management of assets was filed against the Plaintiff as Daejeon District Court 2010 tea3564. On April 2, 2010, the above court ordered the Plaintiff to pay KRW 7,012,859 to the trust administrator’s loan and KRW 2,600,000,000 per annum from the day following the delivery date of the original payment order to the day of complete payment. The above payment order became final and conclusive around that time. (4) The claim based on the above payment order against the Plaintiff against the Plaintiff for the trust administrator’s loan for the above management of assets became final and conclusive around May 3, 2011. The Defendant around June 10, 2013, the Defendant around June 23, 2014, and around June 23, 2014.

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