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(영문) 부산지방법원 2016.10.14 2016나44926
배당이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

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

Plaintiff

SBA Savings Bank (former name before the change: Hyundai SSS4 Savings Bank) and the defendant (former name before the change: Korean mutual savings bank) are savings banks with the purpose of each credit fraternity business.

B. In Busan District Court Decision 2008Ka24499, the Defendant filed an application for a payment order with B (hereinafter “B”) and the representative director C, a joint guarantor of the debt, to seek loans worth KRW 5 billion in the loan principal on March 7, 2007. Accordingly, the above court rendered a payment order with the purport that “B and C, etc. jointly and severally, jointly and severally, shall pay to the Defendant the amount of KRW 5,192,648,662, and damages for delay against the principal amount of KRW 5 billion in the loan amount (hereinafter “instant payment order”). The above order was finalized as of November 4, 2008, and as of December 11, 2008, respectively.

C. On June 30, 2010, pursuant to Article 4 of the Act on the Disposal of Non-Performing Assets, etc. of Non-Performing Assets, etc. of the Republic of Korea, the Defendant transferred all of the loan claims against B (the loan claims worth KRW 60 million on April 5, 2006 and the loan claims worth KRW 5 billion on March 7, 2007) to the Korea Asset Management Corporation, and notified the assignment of the credit to C, which is the collateral guarantee of the above claim, on July 19, 2010.

On the other hand, the Solo Savings Bank also transferred the loan (principal principal amount of KRW 5,142,375,585) against B to the Korea Asset Management Corporation, and the Plaintiff SIB Savings Bank also transferred the loan (principal of KRW 1 billion) against B to the Korea Asset Management Corporation.

(The above loan claims also guarantee C'. D.

The Korea Asset Management Corporation shall claim the amount of KRW 80,000,000,000, which is part of the bonds acquired by the defendant, etc. from the Seoul Central District Court 2013Kadan30459 on real estate owned C.

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