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(영문) 서울중앙지방법원 2019.03.29 2018나10721
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the NPL bonds (1) The Plaintiff is a company that engages in credit business and sales and purchase of non-performing loans.

(2) On February 26, 2015, D Co., Ltd. (hereinafter “D”) entered into an asset acquisition agreement with C Co., Ltd. (hereinafter “C”) on the sale price of the E-bank collateral non-performing loans (hereinafter “instant non-performing loans”) owned by D in KRW 71,868,746,00.

(3) On March 27, 2015, the Plaintiff entered into an agreement on the transfer of status between D and C on the condition that C’s transferee status under the above asset transfer agreement would be transferred to the Plaintiff, and that the purchase price would be changed to KRW 70,706,69,000 (hereinafter “instant asset transfer agreement, including the above asset transfer agreement and the agreement on the transfer of status,”).

(4) On March 30, 2015, the date of the payment of the purchase price under the instant asset acquisition agreement was determined as of March 30, 2015, and the Plaintiff entered into a loan agreement with F Co., Ltd. (hereinafter “F”), D, C, etc. on the date of the conclusion of the instant asset acquisition agreement for the purpose of raising the purchase price, setting the amount of KRW 59.1 billion from F in priority lender at an interest rate of 6% per annum, and the amount of KRW 5.1 billion from priority lender D at an interest rate of 8.5% per annum, respectively. For the purpose of securing the said loan obligation, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”).

(5) On March 30, 2015, the Plaintiff received loans under the instant loan agreement from F and D, and paid the purchase price under the instant asset acquisition agreement to D.

B. On December 26, 2014, the Plaintiff and the Defendant filed an application for the issuance and payment order of the contract (1) (C) with the Defendant that sold the Nbank non-performing loans against M, etc. to the Defendant and received part of the down payment and remainder payment.

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