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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. Assets acquisition and transfer contract and contract 1) OSB Savings Bank Co., Ltd. (hereinafter “OSB Savings Bank”).
(A) On February 26, 2015, the Bank of Korea (hereinafter “The Bank of Korea”) shall have the Bank of Korea (hereinafter “The Bank of Korea”).
B) As to the contract with the OSB Savings Bank’s order to sell the secured non-performing loans in KRW 70,706,69,000 to the management of the secured non-performing loans and the transfer of the purchaser’s status (hereinafter “instant asset acquisition agreement”).
(2) The OSB Savings Bank was obligated to pay the purchase price to the OSB Savings Bank by March 26, 2015 in accordance with the instant asset acquisition agreement. However, on March 27, 2015, the OSB Savings Bank newly prepared an agreement on the change of the asset acquisition agreement and the transfer of the purchaser status on March 27, 2015, and transferred all the rights and obligations under the instant asset acquisition agreement of the OSB Savings Bank to the 30th trust and deferred the payment date of the purchase price until March 30, 2015.
B. Loan agreements and Escros contract 1) The Bank of Korea (hereinafter “Scrosty”) loan was concluded on March 27, 2015 to raise the purchase price of the secured non-performing loans that OSB Savings Bank acquired from the OSB Savings Bank.
(1) The term “the instant loan agreement” refers to a loan agreement under which the OSB Savings Bank determines OSB Savings Bank as the first lender and receives 59,100,000,000 won from Hyundai Macks Social, and 5,000,000 won from the OSB Savings Bank (hereinafter “instant loan agreement”).
(2) The loan agreement in this case requires the OSB Savings Bank, Hyundai Social, and the Bank of Bonds issued on March 27, 2015 to enter into the loan agreement, and thus, on March 27, 2015, the borrower is the Defendant, who is an agent of the OSB Savings Bank, OSB Savings Bank, and the Bank of Bonds issued on March 27, 2015.