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(영문) 서울중앙지방법원 2018.01.12 2017나54243
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The judgment of the court of first instance is delivered with "49.1."

Reasons

In the first instance trial, the Plaintiff claimed the payment of each of the claims that the Defendant acquired from Tyman Loan Co., Ltd., mentorman Cenman Loan Co., Ltd., mentorman Entertainment Loan Co., Ltd. (hereinafter referred to as “the name of the Co., Ltd. for the Company referred to in the first instance trial”).

The first instance court rejected all claims based on each claim that the plaintiff acquired from Tweon loan and Han Sweon loan and that the plaintiff acquired from mentmenon Sweon loan, and rejected claims based on B/C only based on claim ① and claim based on bond ②.

Credit ① Claim ②: A claim against the Defendant that the Plaintiff acquired from mentmenon loan was based on the principal amounted to KRW 2,152,090, and KRW 5,939,546 as of September 4, 2016: A claim against the Defendant that the Plaintiff acquired from mentmenon loan is limited to the claim based on the above claim B, which was dismissed by the first instance court, as of September 4, 2016.

The Korea Deposit Insurance Corporation in the Daeyang Mutual Savings and Finance Company, the plaintiff's assertion on the cause of the claim, and the bankruptcy trustee in the Hanwon District Court No. 2006da274318, which received a favorable judgment against the defendant on December 5, 2006, ordering the payment of principal 1,064,241 won and interest in arrears, and the above judgment became final and conclusive as it is.

Since then, a claim based on the above final judgment (hereinafter referred to as "claim B") was transferred in succession to mentmenic Loan through a reorganization financing corporation, Auran Capital Co., Ltd., and a subordinate asset management limited liability company, and thereafter, the Plaintiff acquired the above credit B from mentmenic Loan.

The Plaintiff.

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