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1. The Defendant’s payment order (Seoul Central District Court) dated June 13, 201 against the Plaintiff is based on the payment order (201Da42968).
Reasons
1. Facts of recognition;
A. On August 2004, the Defendant extended a loan of KRW 4,100,000 from the Plaintiff as a general corporate fund, and on August 24, 2004, set the first-class collateral security (hereinafter “instant collateral security”) with respect to each of the instant real estate at KRW 5,330,00,000 to the Plaintiff, which is the maximum debt amount of KRW 5,330,000,00 with respect to each of the instant real estate.
B. However, as the Defendant did not repay the above debt, the Plaintiff filed an application for voluntary auction commencement of each of the instant real estate based on the instant collateral security D with the Suwon District Court D around October 2005, and the registration of voluntary auction commencement was completed on October 24, 2005.
C. On June 9, 2006, the Plaintiff transferred his claim against the Defendant and the instant collateral security to a limited company specializing in foreign currency holding and third-party securitization (hereinafter “foreign currency third-party special purpose company”), and notified the Defendant of the assignment of the claim, and registered the transfer of assets with the Financial Services Commission pursuant to Article 6(1) of the Asset-Backed Securitization Act. The foreign currency third-party special purpose company succeeded to the status of the instant collateral security company in the procedure of voluntary auction at Suwon District Court DD regarding each of the instant real estate.
On November 15, 2007, Korea EF&A transferred its claims to the Defendant and the instant collateral security to the Defendant, and notified the Defendant of the assignment of claims. On December 20, 2007, Korea Ef&A transferred the said claims and the instant collateral security to Korea to a limited company specializing in EF&A (hereinafter “Korea Special Purpose Company”), which is located in Ef&A (hereinafter “Korea Special Purpose Company”), and notified the Defendant of the assignment of claims and the instant collateral security after transferring the said claims and the instant collateral security to the Defendant. The claims and the instant collateral security against the Defendant were finally reverted to Korea AF&A Special Purpose Company, and the foreign currency backed Special Purpose Company was located on January 4, 2008.