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(영문) 서울중앙지방법원 2017.07.13 2014가합545348
감액매매대금반환 등
Text

1. As to the Plaintiff KRW 10,000,000 and KRW 8,495,724,973 among them, the Defendant shall start from September 25, 2013, and the remainder 1,504.

Reasons

1. Basic facts

A. The Plaintiff is a limited company specializing in asset-backed securitization established pursuant to the Asset-Backed Securitization Act, and the Defendant is a corporation that is a bank established pursuant to the Korea Development Bank Act with its main business of financing, investment financing, personal financing, etc.

B. On December 30, 2010, the Defendant entered into a contract (hereinafter “instant transfer contract”) with the Plaintiff to transfer KRW 272,500,000 (the price for the instant loan claim is KRW 117,20,000,000 (the price for the instant loan claim is KRW 117,20,000,000) to the Plaintiff (the price for the instant loan claim is KRW 117,20,000,000) with respect to the construction project (hereinafter “instant project”) within the Suwon-si District B Urban Development Project District (hereinafter “the instant project”), including two loan claims (hereinafter “D”) and the E Co., Ltd. (hereinafter “E”), including the two loan claims (hereinafter “instant loan claims), and the agreement related to the instant transfer contract, and the Plaintiff paid KRW 272,50,000,000 to the Defendant as follows.

Article 1 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

1. The term "security contract" means a contract (including a trust contract concluded to secure a loan claim) between a debtor, a transferor and/or a third party related to a contract for personal or material security (including a trust contract concluded to secure a loan claim) and any documents accompanied or related thereto, in order to secure a performance of an obligation under a loan contract to be borne by a debtor to the transferor;

9. The term “asset-backed assets” means the assets transferred under this contract, which are held by the transferor under a loan contract as of the fixed date of the securitization assets;

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