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(영문) 서울중앙지방법원 2016.06.03 2015가합24428
양수금
Text

1. The Defendant’s KRW 697,975,414 within the limit of KRW 930,000,000 for the Plaintiff and KRW 634,00,000 among them.

Reasons

1. Basic facts

A. On December 3, 2008, the Industrial Bank of Korea concluded a credit transaction agreement (hereinafter “the first credit transaction agreement”) with B Co., Ltd. (hereinafter “Co., Ltd.”) on July 2, 2012 with a limited amount of KRW 370 million, and on November 28, 2018, the Industrial Bank of Korea jointly and severally guaranteed the obligations of the non-party company up to the limit of KRW 450 million.

B. On September 21, 2009, the Industrial Bank of Korea concluded a credit transaction agreement with the non-party company on September 21, 2009, including KRW 399 million, and September 21, 2019 (hereinafter “the second credit transaction agreement”), and the Defendant jointly and severally guaranteed the non-party company’s obligations up to KRW 480 million.

C. Since then, the non-party company closed its business on March 27, 2015, and the same year.

6. 10. Application for adjudication of bankruptcy, and the same year.

7. 8. Suwon District Court Decision 2015Hau1012 was declared bankrupt.

The Plaintiff is a company established to conduct asset-backed securitization business in accordance with an asset-backed securitization plan to be registered with the Financial Services Commission under the Asset-Backed Securitization Act, and on June 11, 2015, to

(a).

An asset-backed securitization plan concerning assets including claims under each credit transaction agreement and joint and several sureties agreement was registered.

E. On June 4, 2015, the Plaintiff concluded an asset acquisition agreement between the Industrial Bank of Korea and the Joint Asset Management Co., Ltd. and the Plaintiff, the Industrial Bank of Korea, and the Joint Asset Management Co., Ltd. on June 26, 2015, with respect to the Nonparty Company and the Defendant of the Industrial Bank of Korea under the “transfer and acquisition agreement of asset acquisition”

(a).

On June 26, 2015, each claim was transferred from the Industrial Bank of Korea, and registered the transfer of securitization assets to the Governor of the Financial Supervisory Service.

(f) The Industrial Bank of Korea on June 29, 2015 and the same year;

7.2. The non-party company transferred all rights incidental thereto, such as each credit transaction agreement and the right to joint and several sureties, to the Plaintiff.

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