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(영문) 서울중앙지방법원 2017.05.17 2016가합560983
청구이의
Text

1. C Co., Ltd.: Par value 2,216,00,000 won to Defendant Korea Mortgage Exchange on October 1, 2015;

Reasons

1. Facts of recognition;

A. On February 26, 2015, the Plaintiff entered into a mutual savings agreement and a transfer agreement (hereinafter “D”) with D Co., Ltd. (hereinafter “D”).

2) In addition, the Plaintiff’s assets acquisition agreement and the contract on the transfer of the purchaser’s status (hereinafter “instant assets acquisition agreement”) with the effect that the Plaintiff would sell the secured non-performing loans in KRW 70,706,69,000 of the purchase price to D.

(2) Upon entering into the instant asset acquisition agreement, D had the obligation to pay the purchase price to the Plaintiff by March 26, 2015 pursuant to the instant asset acquisition agreement. However, on March 27, 2015, D, C, and the Plaintiff newly drafted an agreement on the alteration of the asset acquisition agreement and the transfer of the purchaser status, and (i) transferred D’s all rights and obligations under the instant asset acquisition agreement to C, and (ii) deferred the payment date until March 30, 2015.

(b)The Borrower (C; hereinafter the same shall apply) shall, from the date of conclusion of this Agreement, comply with the following provisions, from the date of the active implementation and the implementation of Article XI of the Loan Agreements and the Schro Agreement to the date of full payment of the loan:

Paragraph 8 Other Matters to be Observed

3. The borrower shall entrust the keeping of the seal impression which is a juristic person on the date of withdrawal to the lender (hereinafter the same shall apply) and the transfer of the seal impression which is a juristic person after the repayment of senior loans to the lender in the order of priority (the plaintiff and the same shall apply hereinafter);

The borrower shall comply with the following provisions until he/she fully pays the loan:

Paragraph 4. A borrower who is prohibited from borrowing may not borrow any additional loan other than that provided for in this Agreement without the prior written consent of the lender.

The borrower who is prohibited from current account transactions under paragraph (5) may not carry out current account transactions, such as the issuance of bills without the prior written consent of the lender.

1) C) On March 27, 2015, for the purpose of raising the purchase price of secured non-performing loans taken over from the Plaintiff on March 27, 2015, Hyundai Social Co., Ltd. (hereinafter “Moman social”).

59,100,000. The first priority is to designate the plaintiff as the lender and the second priority is to be 59,10,000.

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