beta
Text
1. On May 11, 2015, the Cheongju District Court 2015 tea1600 case against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Defendant).
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter referred to as “C”) is a company that mainly deals with non-performing loans (loan claims secured by real estate, the debtor's repayment of principal and interest of which is overdue, Non-form Trading, and investment business.
C’s representative director from July 15, 2013 to July 5, 2016 was D, but the Plaintiff, as an internal director and actual operator, has overall control over C’s financing management, employee management, and the conclusion and approval of the bond acquisition agreement with investors.
B. On February 9, 2015, the Defendant: (a) under the brokerage of E Co., Ltd. (hereinafter “F”); (b) decided to transfer the right to collateral security (the bond No. H; hereinafter “instant claim”) to 43,717,575 won for a case in which the voluntary auction procedure for the mortgaged real estate is in progress by Sungwon District Court, Sungnam Branch Branch of Sungnam Branch of the Suwon District Court; (c) first, transferred KRW 8,743,515 equivalent to 20% of the acquisition price to the account in the name of C; and (d) transferred the instant claim to the Defendant on February 14, 2015; and (e) decided to transfer the instant claim to the Defendant at KRW 43,717,575; and (e) subsequently, in the event that it fails to purchase, the Defendant would return the down payment to the Defendant within five days; and (e) the Defendant and the Defendant could not modify or destroy the contract; and (e) concluded the instant contract to the other party immediately.
C. However, even until April 23, 2015, the date of distribution of the said auction case, C did not transfer the instant claim to the Defendant and did not return the down payment.
Accordingly, the defendant filed a payment order against C and the plaintiff with the Cheongju District Court 2015 tea1600, and the reasons for the application are as follows.
GF
E. On May 11, 2015, the above court shall jointly and severally hold the C and the Plaintiff with respect to the foregoing case.