logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.19 2016나54335
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Claim.

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit transaction agreement with the Industrial Bank of Korea as follows, and set up a collateral security agreement with the Industrial Bank of Korea and each of the above loans as collateral obligations in Sung-nam-si, Sungnam-si (hereinafter “instant real estate”).

On December 28, 2006, No. 250,000 (360,000,000) No. 10580 (360,000,000) loans for small and medium enterprises on December 19, 2007, 33084 (240,000,000,000) loans for small and medium enterprises on May 23, 2007, 2007, the amount of loans extended 200,000,000 loans for small and medium enterprises on December 21, 2007 (40,000,000,000 (40,000,000,000) loans for small and medium enterprises on March 19, 2008

B. On April 8, 2014, the Industrial Bank of Korea notified the Defendant of the execution of voluntary auction based on the three collateral mortgages established on the instant real estate on the ground of long-term delinquency in payment of loans, and around that time, applied for voluntary auction with the claim amounting to KRW 649,87,674, the sum of the principal and interest of the instant four principal and interest of the loans, and damages for delay thereof, and the Suwon District Court rendered a decision to commence auction on April 29, 2014.

In the above auction procedure, the instant real estate was sold in KRW 581,50,000, and the Industrial Bank of Korea received dividends of KRW 580,992,579, which was part of the claimed amount.

C. On October 28, 2014, the Industrial Bank of Korea entered into an asset acquisition agreement with the ASEAN, which is not a Penmana Yuen Skini Jina (hereinafter “the first transferee”) and transferred the claims against the Defendant of the Industrial Bank under the said agreement to the first transferee. D. November 25, 2014, by a limited liability company specialized in Espinization (hereinafter “the second transferee”) under the consent of the Industrial Bank of Korea, the claims against the Defendant of the Industrial Bank of Korea were transferred to the second transferee.

E. The second transferee thereafter concludes a mutual agreement with the Plaintiff on November 6, 2015 and finally concludes a mutual agreement on asset acquisition.

arrow