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(영문) 서울중앙지방법원 2016.06.16 2015가합559610
부당이득반환청구의 소
Text

1. The plaintiffs' primary claims and the bankruptcy trustee of Busan Savings Bank, Inc., the Bankrupt Corporation, Korea Deposit Insurance Corporation.

Reasons

1. Basic facts

A. The Busan Savings Bank (hereinafter “Seoul Savings Bank”), Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”), and the Korea Savings Bank (hereinafter “Korea Savings Bank”), a stock company and the Korea Savings Bank (hereinafter “Korea Savings Bank”), all of which aim at mutual credit business, etc., and the Plaintiff was appointed as bankruptcy trustee after being declared bankrupt as follows.

On August 16, 2012, the Busan District Court 2012Hahap4 Daejeon District Court on February 2, 2012, the Daejeon District Court 2012Hahap1 Korea Savings Bank on April 30, 2013, the Busan District Court 2013Hahap47 on April 30, 2013.

B. The defendant is a corporation established in order to contribute to the development of the financial industry and the national economy by promoting the disposal of non-performing assets held by financial institutions, efficiently supporting the normalization of management of enterprises with insolvency signs and by managing and disposing of the assets delegated by

The transferee of the bonds and the defendant (hereinafter referred to as the "transferee") who is the transferor of the bonds of Busan Mutual Savings Bank (hereinafter referred to as the "transferor") shall conclude a contract with respect to the transfer and takeover of the bonds as follows (hereinafter referred to as the "this contract"):

Article 9 (Ex Post Facto Settlement of Purchase Price) (1) With respect to the dividends (excluding expenses for auction execution) fixed according to the distribution schedule of an auction court for each collateral item (or each place of business), the balance between the dividends of "transferee" fixed under the auction distribution schedule and the dividends of "transferee" shall be calculated as follows:

(4) The ex post facto settlement of the proceeds of transfer shall be limited to the secured claims on which dividends of "transferee" have been finalized by the closing date of settlement.

On the other hand, with respect to the secured claim on which dividends are not determined as of the date two years or two years and six months have passed after the conclusion of the contract, the agreement between the transferor and the transferee is reached.

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