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(영문) 서울중앙지방법원 2014.12.26 2014가합500598
환매금청구의소
Text

1. The Defendant’s KRW 120,400,000 as well as 5% per annum from July 24, 2012 to January 15, 2014 to the Plaintiff.

Reasons

1. Circumstances leading to the dispute of this case;

A. On September 18, 2012, the Defendant concluded a contract for the purchase and sale of bonds (hereinafter “instant contract for the purchase and sale of bonds”) with a savings bank (hereinafter “house savings bank”) by collecting certain bonds held by the Defendant in relation to the banking business and its incidental business and selling them to the savings bank. On the same day, savings banks transferred the status of purchaser of the instant contract for the purchase and sale of bonds to the Plaintiff.

B. The claim subject to the claim sales contract of this case includes the Defendant’s loans (hereinafter “the claim of this case”) against the Homepare (hereinafter “The Homepare”).

On June 16, 2010, the Defendant loaned KRW 280,000,00 to The Homepex, and on June 15, 2010, the Defendant as security for the above loan claims, Co., Ltd. (hereinafter “instant golf course”).

(A) Two golf membership numbers (member numbers: C and D) and three golf membership numbers (three golf membership numbers) of regular members, which are a special law issued by A to the Home Pappp, a company that operated the company; hereinafter referred to as “A”) : E, F;

G. Golf memberships issued to the Home Pappher, and golf memberships issued to the GGegle Development Co., Ltd., are "the instant golf membership" in total.

On the other hand, A entered into a pledge agreement with the Home Pappher and the limit of security amount of KRW 336,000,000. On the same day, A consented to the creation of a pledge right for golf membership of this case.

C. The Plaintiff acquired the instant claim and the instant pledge in KRW 120,400,000. As a result of the Plaintiff’s inquiry from A to implement the said pledge, the instant golf membership fee was not paid from A on December 4, 2012, and there was no seal affixed by the president of the Korea Golf Activity Association, an incorporated association, on the back of the membership card, and no acquisition tax was reported to the Korea Development Association.

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