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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Korea Standards Bank (hereinafter “Seoul Bank”) lent money to A (hereinafter “A”) on July 22, 2003, March 8, 2005, and May 17, 2006, on four occasions on November 27, 2007.
(B) (A loan claim in this case is referred to as “instant loan claim”).
On February 29, 2008, Japan Bank received a decision of provisional seizure of claims against A’s Defendant (Co., Ltd., Ltd.) on the basis of the amount of KRW 280,000,000, out of the instant loan claims as preserved claims, as indicated in the attached list No. 2008Kadan1726 of this Court.
C. A applied for commencement of rehabilitation procedures to this court on April 15, 2008, upon which the decision of commencement of rehabilitation was rendered on April 15, 2008. In the above rehabilitation procedure, the Japanese bank reported KRW 472,970,162 as rehabilitation claims based on the instant loan claim and the security right incidental thereto, and KRW 206,755,889 as rehabilitation security rights.
However, the above rehabilitation procedure against A was abolished on December 9, 2009, and the above abolition decision was finalized on December 24, 2009.
On October 20, 2011, Japan Bank transferred the instant loan claims to Ed Hyb Duna, Inc., and on November 21, 201, the Crable Duna Partners Limited Company succeeded to the status as the transferee of Ed Hyb Duna, and notified A of such transfer.
Then, on November 27, 2013, the said Crable Partners Loan Co., Ltd. transferred the instant loan claims to the Plaintiff, and notified the Plaintiff of such transfer.
E. On April 15, 2014, the Plaintiff, as a successor to the first bank, delivered the original copy of the rehabilitation creditors list, the rehabilitation secured creditor list, and the inherited execution clause concerning the instant loan claims as at the time of the foregoing rehabilitation case. Accordingly, the provisional seizure against the first bank against A as at July 21, 2014 by the court No. 201329, Jul. 21, 2014.