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(영문) 서울중앙지방법원 2020.04.22 2019가합542276
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was due to the Seoul Central District Court’s 2017 tea 41676.

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint and several sureties (1) Limited Company C (hereinafter “C”) with respect to the instant loan received money from the Korea Development Bank, on December 28, 2012, on April 27, 2015, and on October 13, 2015 (hereinafter “instant loan”); the Plaintiff, the representative director of C, was jointly and severally guaranteed the obligation to return the loan to the Korea Development Bank by C, as seen above, in receiving the money from the Korea Development Bank.

(2) On December 28, 2012, the Plaintiff’s joint and several surety debt (hereinafter “instant joint and several surety debt”). (2) C, out of the instant loan, set up a right to collateral in the name of the Korea Development Bank with respect to the land and buildings (hereinafter “instant real estate”), such as Jeonbuk-si, Kim Jong-si, etc. (hereinafter “instant real estate”).

(3) Meanwhile, on July 29, 2016, Korea Development Bank filed an application for voluntary auction based on the foregoing right to collateral security on the ground that C failed to repay the instant loan, and on July 29, 2016, the auction procedure was in progress regarding the instant real estate E with the Jeonju District Court E.

(hereinafter “instant auction procedure”). B.

(1) The Korea Development Bank concluded an asset acquisition agreement with the Defendant on May 18, 2017 and transferred the instant loan claims to the Defendant. On February 28, 2017, the Korea Development Bank: (a) transferred the instant loan claims to the Defendant; (b) KRW 1,544,485,317, the total amount of principal and interest of the relevant claims subject to transfer as of February 28, 2017; and (c) among them, the remaining principal and interest of the loan as of December 28, 2012, which was secured by the right to collateral security as of December 28, 2012, was KRW 814,98,70, and the amount of interest to be

(2) On two occasions on May 19, 2017 and May 23, 2017, the Korea Development Bank sent notice of transfer of the instant loan repayment claim to C by content-certified mail (hereinafter “instant notice of transfer”), which is the domicile of C, to Gyeongnam Kim-si, Kim Jong-si (hereinafter “instant notice of transfer”), and both of them were not delivered to C due to the unknown whereabouts of the directors.

(3) The Defendant’s instant case on June 12, 2017.

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