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(영문) 서울중앙지방법원 2016.12.09 2016가합7321
유동화사채 원리금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status 1 of the parties to the contract

(2) The Defendant issued securitization bonds of KRW 71,517,00,000 on the basis of the above non-performing loans after having taken over non-performing loans from the Korea Bank (hereinafter “Korea Bank”) in accordance with the asset-backed securitization plan. On June 9, 2014, the non-party company acquired registered subordinated securitization bonds of KRW 10,727,550,000 issued by the Defendant, and the Plaintiffs are investors in the non-party company.

B. On August 7, 2015, Plaintiff A filed an application for a payment order with Nonparty Company for the payment order (Seoul Central District Court 2015Da39933). On August 25, 2015, Plaintiff A filed a lawsuit against Nonparty Company for the payment order (Seoul Central District Court 2015Da39933). The said court: “Non-Party Company shall pay to Plaintiff A KRW 110,63,453 per annum from July 29, 2015 to the delivery date of the original of the payment order; KRW 5% per annum from the next day to the date of complete payment; KRW 20% per annum from the next day to the date of full payment; KRW 15% per annum from the date of settlement order to the date of full payment.” Plaintiff B filed a lawsuit against Nonparty Company for the payment order in addition to the agreed amount calculated on August 28, 2015 (Seoul Central District Court 2015Da52975, May 25, 20197).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 7, 11, 13, and 14 (including branch numbers; hereinafter the same shall apply).

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