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(영문) 의정부지방법원고양지원 2016.08.26 2015가합71757
대여금
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 30, 2006, Han Bank Co., Ltd. (hereinafter “LSSS Industry Development”) had a loan claim, such as the loan principal of 3,609,534,267 won (as of January 31, 2012) and interest on delay (hereinafter “the instant non-performing claim”) against LSSS Industry Development Co., Ltd. (hereinafter “ELS Industry Development”). However, in order to secure the repayment of the instant non-performing claim, the mortgage claim was set at KRW 7,150,000 as of each real estate listed in attached Tables 1 through 5 as of June 4, 2007.

On March 29, 2012, the Han Bank transferred the instant non-performing loans to a limited company specialized in the 15th Asset-backed Securitization (hereinafter referred to as "limited company specialized in the Korean Asset-backed Securitization"), and notified the debtor of the assignment of the said non-performing loans on March 30, 2012.

B. Meanwhile, on March 28, 2012, the day before the transfer of the instant non-performing claim to the Korea Asset-Backed Specialized Company, the Han Bank applied for the commencement of voluntary auction based on the foregoing collateral security on March 30, 2012, and received a voluntary decision to commence auction based on the foregoing collateral security, and on March 30, 2012, upon the application of the Suwon District Court, it was decided to commence voluntary auction with respect to the real estate listed in paragraph 6 of the attached Table on April 12, 2012, as the Suwon District Court was decided to commence voluntary auction with respect to each real estate listed in the attached Table No. 6 of the attached Table to the Suwon District Court.

(hereinafter referred to as the “instant auction procedure”) with respect to each real estate listed in the separate sheet, the auction procedure that was jointly conducted as above.

On September 2, 2013, when the auction procedure of this case was in progress, a limited liability company specialized in the securitization entered into a contract to assume the obligation between the Plaintiff Company and EFC (hereinafter “Plaintiff Company”), and the Plaintiff Company entered into the said contract to assume the obligation as follows.

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