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(영문) 서울중앙지방법원 2018.05.17 2015가합568089
약정금
Text

1. The Defendants jointly share KRW 40,950,000 with respect to Plaintiff A, and the interest rate shall be from November 19, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant E and F Co., Ltd. (hereinafter “Defendant E”) are limited to “Defendant F” and “Defendant F” and they are incorporated into two companies. The companies mainly engaged in the sale, purchase, and investment of non-performing loans (on-form Lan (hereinafter “non-performing loans”) by financial institutions. Defendant G took charge of the business of selling and selling non-performing loans and managing funds related to investment, managing employees, concluding and approving bonds acquisition and transfer with investors as representative directors of the above companies. Defendant H performed all business related to non-performing loans and attracting investments, such as purchase of non-performing loans, approval of conclusion of bonds acquisition and transfer contracts with investors, management of non-performing loans, etc. as representative directors of the above companies.

B. From November 2013, Defendant G and H established the Defendant Company and recruited the pre-sale investors and the assignees after winning the non-performing loans for the business of purchasing and selling non-performing loans to financial institutions, such as Korea Savings Bank and City Bank.

In the process, the price for the acquisition of the bonds from the above prior investors shall be used for the bid bond and the price for the acquisition of the bonds of individual non-performing loans or non-performing loans of the financial institution, and the price for the acquisition of the bonds from the transferee of the bonds after the successful bid should be used to cancel the pledge established in the non-performing loans or non-performing loans PEL. However, the above defendants used the price for the acquisition of the bonds to be used by the financial institution which lent the balance for the successful bid of the non-performing loans to cancel the registered pledge established in the POL of the non-performing loans or non-performing loans.

As a result, there is a lack of bid bond, bond acquisition price, and debt repayment funds to the pledgee.

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