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(영문) 서울중앙지방법원 2016.06.24 2015가합575179
공탁금출급청구권지위확인 청구의 소
Text

1. The Seoul Central District Court (Seoul Central District Court 2015) deposited as 2,058,852.

Reasons

Basic Facts

On February 26, 2015, Defendant OSB Savings Bank Co., Ltd. (hereinafter “Defendant OSB”) concluded a contract on the acquisition of assets and the transfer of purchaser’s status (hereinafter “instant asset acquisition agreement”) to sell the loans held by Defendant OSB at KRW 70,706,69,000 in purchase price to the 30,70,706,69,000.

The management of Mascur’s assets was obligated to pay the purchase price to Defendant Scurf by March 26, 2015 under the above asset acquisition agreement. However, in preparing a new agreement on the management of Mascur’s assets and the management of Mascur’s assets (hereinafter “Masurg’s trust”) and the change of the property acquisition agreement and the transfer of the purchaser’s status on March 27, 2015, Defendant Scurf decided to transfer all the contractual rights and obligations of the Masurg’s trust management to the Masurg’s trust, and to postpone the payment date until March 30, 2015.

[This case’s loan agreement] Article 4(3) of the Securities Management Account-related Escloys loan to be entered into with the Defendants, Escloys agent, and the Bank of Korea as an Escloys agent

2. In accordance with the content and form (or in substance the same as, and in form satisfactory to, the Defendants) the contract will be entered into.

Article 8 Operation of the Asset Management Account of Paragraph 1 of the Fund Management

1. A arbitr loan shall be paid in the form of an asset management account only with respect to all the money that the arbitr loan has been received in relation to the subject claim, such as money to be collected or collected;

2. Notwithstanding this Article, the Defendants may withdraw from the asset management account without any separate procedure to recover the principal and interest of loans (including interest on delay), fees, and expenses pursuant to the timing and procedures recognized by this Agreement.

3. The Bank of Korea shall set up or set up a pledge against the property management account.

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