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(영문) 서울중앙지방법원 2015.06.02 2014가합555659
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination as to the cause of claim

(a)if the facts of recognition are added to the whole purport of the pleading in each entry of Gap evidence (including paper numbers) Nos. 1 to 4 (including paper numbers), the following facts may be recognized:

(1) The Defendant, which was established on January 18, 2005 and established on January 18, 2005 and dissolved on December 3, 2012.

(2) On September 6, 2006, the Defendant entered into a large number of credit transaction agreements with the Industrial Bank of Korea on credit limit amounting to KRW 300 million, credit period of Sep. 5, 2007, setting the monthly payment date of interest payment, including entering into a loan transaction agreement with small and medium enterprises, but lost the benefit due to the failure to repay the principal and interest at the maturity date.

(3) The Industrial Bank of Korea transferred all the principal and interest of loans, claims, and rights incidental thereto to the Defendant to a limited company specializing in the mass securitization.

(4) On February 25, 2010, a limited liability company specialized in the 2010 securitization entered into a contract with the Yonhap Asset Management Co., Ltd. and transferred all of the claims and the rights incidental thereto as indicated in the separate sheet against the Defendant. On May 31, 2010, the company notified the Defendant of the fact of transferring the claims.

(5) On May 17, 2010, the Joint Asset Management Co., Ltd concluded an asset transfer agreement with a limited liability company and transferred all of the claims and rights incidental thereto as indicated in the separate sheet against the Defendant. On June 3, 2010, the company notified the Defendant of the assignment of the claims. On June 3, 2010, the U&A loan limited liability company transferred each of the above claims to EXA non-loan.

(6) On April 30, 2013, the Future Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) was declared bankrupt on April 30, 2013 by Seoul Central District Court Decision 2013Hahap54, and the Plaintiff was appointed as the trustee in bankruptcy of the said Future Savings Bank.

(7) X-A-A-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-P

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