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(영문) 서울고등법원 2016.07.12 2016나1801
승계집행문부여에 대한 이의
Text

1. The Plaintiff’s appeal against the Defendant and the Intervenor succeeding to the Defendant is all dismissed.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On May 28, 2008, B Co., Ltd. (hereinafter “B”) borrowed KRW 1.25 billion from the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”) as of May 28, 2009, and KRW 350 million as of May 27, 201, respectively, as of May 27, 201 when the extension period expires (hereinafter “the loan claim of this case”), and as a security, set up a collateral security right of KRW 1.625 million with respect to the loans of this case (hereinafter “real estate of this case”).

On the other hand, on the same day, the Plaintiff set the above loans to the National Bank B as KRW 1.625 billion each of the limit of collateral guarantee and KRW 455 million and the joint and several surety was jointly and severally guaranteed.

B. Around December 10, 2009, when B did not repay the above loan, the National Bank applied for the auction of real estate rent to the District Court D with respect to the instant real estate, and received the voluntary decision of commencement of auction on December 10, 2009. On June 28, 2011, on the date of distribution of the above auction procedure, the National Bank received additional dividends of KRW 1,902,676,323 out of the total amount of the loan claim amount of KRW 1,463,920,920,756,323 (i.e., principal amount of KRW 1,463,920,00 and interest KRW 438,756,323), which is the maximum debt amount of KRW 1,625,00,000,000 from the National Bank, and subsequently received additional dividends of KRW 3739,778

C. Meanwhile, on the other hand, on December 28, 2009, the National Bank transferred the above loan claim against B to the KNFF under an asset acquisition agreement entered into with a limited company specializing in the KFFS (hereinafter “KF”) on the part of December 28, 2009, and thereafter notified B of the transfer of the claim.

The K 29,19,023 won and the amount of KRW 213,920,00 among them are jointly and severally against the K 229,19,023 won and the amount of KRW 213,920,000 among them, by filing a lawsuit against the Plaintiff, etc. with the Seoul Central District Court No. 2015,5146, May 26, 2010.

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