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1. Defendant A: 80,082 won to the Intervenor succeeding to the Plaintiff and 5% per annum from April 24, 2014 to January 5, 2015.
Reasons
1. Basic facts
A. On August 12, 2013, the Industrial Bank of Korea entered into a credit transaction agreement with ENT Co., Ltd. (hereinafter “sub-company”), and thereafter, extended KRW 3.6 billion for small and medium enterprise facility funds and KRW 1.4 billion for small and medium enterprise funds to the non-party company. As of December 5, 2014, the loans for small and medium enterprise facility funds were the principal amounting to KRW 3.6 billion, interest amounting to KRW 126,904,02, and the loans for small and medium enterprise funds were the principal amounting to KRW 1.4 billion, interest amounting to KRW 56,037,434.
B. As to the machinery listed in the attached auction list (hereinafter “instant machinery”) owned by the non-party company (hereinafter “the instant machinery”) at a factory located in the Nam-gu Incheon Nam-gu B block 8 (hereinafter “C”), the procedure for compulsory sale by official auction (hereinafter “the procedure for compulsory sale by official auction”) was initiated under the Incheon District Court Decision 2014No1791, and the non-party D was awarded the bid price of the instant machinery at KRW 36 million. As to the remainder of the money which remains after deducting the execution cost from the bid price, the Defendant Oral Industry Co., Ltd. (hereinafter “Defendant Or”) received dividends from the non-party company on April 24, 2014 through a dividend consultation among the creditors of the non-party company participating in the said auction procedure, the Defendant Oral Industries Co., Ltd. (hereinafter “Defendant Orn”) received KRW 9,227,019, and KRW 80,808,080, and KRW 80,080, respectively.
C. On December 2014, the Plaintiff’s succeeding intervenor entered into an asset acquisition agreement with the Industrial Bank of Korea, and acquired all the above loans and claims against the non-party company of the Industrial Bank of Korea and the security rights thereto. On December 30, 2014, the Industrial Bank of Korea notified the non-party company of the fact of the assignment of claims by way of content-certified mail on and around December 31, 2014.
On August 24, 2012, in order to secure a loan claim of KRW 500 million against Defendant B with Nonparty Company and C on August 24, 2012, Defendant B, at the time of entering into the said contract, shall occupy and revise each of the following: (a) all machinery and facilities and equipment owned by Nonparty Company and C, and machinery and equipment to be acquired in the future at the time of entering into the said contract.