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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On May 26, 2014, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) concluded a contract to sell a claim for non-performing loans, etc. (hereinafter “the instant contract to sell a claim”) with the Plaintiff (hereinafter “non-party”) on the part of May 26, 2014. On June 10, 2014, the non-party Company transferred all rights and obligations of the instant contract to the Defendant.
B. On June 9, 2014, the Defendant decided to issue an asset-backed bond (hereinafter “asset-backed bond”) based on the non-performing loans, etc. scheduled to be purchased from our bank via the non-party company, and accordingly, on June 9, 2014, concluded a contract to underwrite the instant asset-backed bond with the new life insurance company (hereinafter “new life insurance”), the new financial investment company (hereinafter “new financial investment”), the Ors Savings Bank (hereinafter “OS Savings Bank”), and the non-party company (hereinafter “subscriber”), and the main contents thereof are as follows.
Specialized
C. The Defendant issued securitization bonds worth KRW 71,517,00,000 in total. ① New Life Insurance Co., Ltd. is a senior corporate bond with KRW 32,182,650,00 in total; ② New Financial Investment is a senior corporate bond with KRW 19,309,590,00 in total amount of the bond principal as a senior corporate bond holder; ③ OSB Savings Bank is a senior corporate bond holder with KRW 2,297,210,00 in total amount of the bond principal; ④ ASB Savings Bank is a subordinate corporate bond holder with KRW 10,727,50,000 in total amount of the bond principal; ④ ASB Savings Bank is a subordinate corporate bond holder with KRW 10,727,50,00 in amount of the bond principal.
The defendant intends to use profits from the issuance of such securitization bonds as funds for acquiring assets from our bank under the contract for the sale of the bonds of this case and all expenses related to the issuance of securitization bonds.
D. With respect to the repayment of the principal and interest of the bonds, the parties shall give priority to the first priority to the bonds.