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(영문) 부산지방법원동부지원 2016.05.18 2015가단207770
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On October 21, 2014, the Maritime Savings Bank was declared bankrupt by the Busan District Court on October 21, 2014, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy and carries out corporate restructuring.

Plaintiff

SB Savings Bank (former Switzerland 4 Savings Bank prior to the change) and the defendant are savings banks with the purpose of credit fraternity business, credit installment savings business, etc.

B. On October 9, 2008, the Defendant filed an application with the Busan District Court for a payment order against B Co., Ltd. (hereinafter “B”) and its representative director C seeking the return of the loan. The above court rendered the payment order (hereinafter “instant payment order”) with the content that “B and C jointly and severally pay to the Defendant the amount of KRW 5,192,648,662 and KRW 5,000,000 per annum from October 9, 2008 to the date of full payment” with the content that “B shall pay the amount of KRW 25% per annum from October 9, 2008 to the date of full payment” (hereinafter “instant payment order”). The above payment order did not raise any objection with B and C having received the payment order, and as between B and C, it became final and conclusive on November 4, 2008 and December 11, 2008, respectively.

C. Under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, the Plaintiffs and the Defendant transferred the claims for loans related to B held by the Plaintiffs and the Defendant to the Korea Asset Management Corporation. The Korea Asset Management Corporation filed an application for provisional seizure of real estate with the Seoul Central District Court 2013Kadan30459, based on the claim amount of KRW 80,000,000, out of the claims transferred to C, the guarantor

On the other hand, at the time of the provisional seizure, the Korea Asset Management Corporation stated the distributed amount of provisional seizure in KRW 31,160,305, and KRW 6,059,515, Defendant 30,661,149, and UNR Savings Bank KRW 12,119,031, respectively.

C The application for provisional seizure against real estate filed by the Korea Asset Management Corporation was executed on January 9, 2013.

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