beta
Text
1. The defendant's order for payment was made by the Busan District Court's Busan District Court's 2015 tea 3048 contract deposit with the plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a company established on December 11, 2012 for the purpose of purchasing bonds, managing purchased assets, distributing assets, etc., and the Plaintiff is a special purpose company established on May 19, 2014 for the purpose of managing, operating, and disposing of asset-backed securitization through an asset management company pursuant to the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).
B. On October 28, 2015, the Defendant filed an application for payment order with the Plaintiff under this Court No. 2015 tea3048, asserting that “A has a claim for the return of investment amounting to KRW 124,902,169 against C, and the Plaintiff is jointly obligated to pay C’s debt as a special purpose corporation of C.”
C. On November 3, 2015, this Court issued a payment order stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 15% per annum from the day from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”).” This order was finalized on November 24, 2015.
Based on the original copy of the instant payment order, the Defendant applied for the attachment and collection order on December 10, 2015 and December 21, 2015, with respect to the dividend claim that the Plaintiff would receive from the Republic of Korea in the Seosan Branch of the Daejeon District Court and the Chuncheon District Court’s real estate auction case, based on the Seoul Central District Court’s 2015TTTT 26992 and 2015TTT 28444.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 3 and 5 evidence (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The gist of the defendant's assertion 1) Since D, which is the representative director of the plaintiff, is not a legally appointed representative director, D's lawsuit of this case filed by D is unlawful. 2) The plaintiff's priority second creditor of the plaintiff, OSB Savings Bank (hereinafter "OSB Savings Bank").