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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 12, 2012, C purchased all of the plant machinery and ancillary facilities, including two press equipment listed in the separate sheet (SC-200 and SC-160; hereinafter “instant press equipment”) from Yongcheon-si, the land and factory buildings, and two press equipment listed in the separate sheet (SC-200; hereinafter “instant press equipment”).
B. C On April 27, 2012, in accordance with the Factory and Mining Foundation Mortgage Act, in order to secure a loan repayment obligation upon obtaining a loan from the Daegu Bank.
With respect to the land, factory buildings, and machinery and equipment, including the press machinery of this case, set up a collateral security with the maximum debt amount of KRW 1.44 billion.0 million.
(A) evidence 6.c.
C On May 3, 2016, the Daegu Bank entered into a contract of transfer for security (hereinafter “instant transfer for security”) with respect to movable property, including the instant press machines, and the Daegu Bank entered into a contract of transfer for security (hereinafter “instant transfer for security”) and decided to deliver each of the said movable property to the Daegu Bank by means of possession and amendment. A notary public entered into a notarial deed of transfer for security (Evidence A No. 9) with respect to a certificate of 2016 (No. 311) on a certificate of 2016 of a law office with respect to
On October 10, 2016, the Plaintiff, a limited liability company specializing in asset-backed securitization established under the Asset-Backed Securitization Act, acquired all of the collateral-backed claims and security rights related thereto from the Daegu Bank, and notified C of the assignment of claims on October 28, 2016.
E. Defendant A is a person who engages in steel wholesale and retail business with the trade name from Yongcheon-si F, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in industrial machinery and equipment leasing business.
H Co., Ltd. (hereinafter referred to as “H”) is a company established on July 3, 2012 and registered as the representative director, and C’s inside director. The address is the same as C’s personal business entity H, the representative of which is C.
is the land described in the subsection.
F. On November 4, 2014, Defendant Company leased industrial machinery to H to the LAB, and on May 28, 2015, three of the presses machinery from among the LAB and the above leased machinery.