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(영문) 광주고등법원 2016.07.22 2015나14531
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Korea Standards Bank (hereinafter “Seoul Bank”) lent money to A (hereinafter “A”) on four occasions, including July 22, 2003, March 8, 2005, May 17, 2006, etc.

(B) The loan claims arising therefrom are loans of this case. (b)

On February 29, 2008, the Japanese Bank received a provisional attachment order against the claim for construction cost related to the construction work price as stated in the attached list against the defendant A (the former mutual stock company B) by the Gwangju District Court 2008Kadan1726, with the preservation claim of KRW 280,000,000, out of the loan credit of this case as the preserved claim. The provisional attachment order was served on the defendant on March 3, 2008.

C. A filed an application for commencement of rehabilitation procedures with the Gwangju District Court on April 15, 2008, which was decided to commence rehabilitation procedures. In the above rehabilitation procedures, the Japan Bank reported 472,970,162 won as rehabilitation claims based on the instant loan claim and the security right incidental thereto, and 206,75,889 won as rehabilitation security rights.

However, the above rehabilitation procedure against A was abolished on December 9, 2009 as the rehabilitation plan was rejected at the meeting of interested persons, and the above abolition decision was finalized on December 24, 2009.

On October 20, 2011, Japan Bank transferred the instant loan claims to Ed Hyb Duna, Inc. on October 20, 201, and on November 21, 201, Crable Dub Dub LLC succeeded to the status as a transferee of Ed Duna, Inc., and at that time, Japan Bank notified A of such transfer.

Since then, on November 27, 2013, Cable Partners Loans transferred the instant loan claims to the Plaintiff, and the Plaintiff notified the transferor of such transfer on behalf of the transferor at that time.

E. On April 15, 2014, the Plaintiff’s successor to the first bank is the authentic copy of the table of rehabilitation creditors on the instant loan claims as at the time of the above rehabilitation case, and the said table of rehabilitation creditors.

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