Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s transferee-backed credit, Co., Ltd., Ltd. (hereinafter “Mayang Mutual Savings and Finance Company”) concluded a transaction agreement (hereinafter “B”) with D Co., Ltd. (hereinafter “D”) on the discount of bill, and B jointly and severally guaranteed the obligation under the above agreement.
Since then, the Korea Mutual Savings and Finance Company (hereinafter referred to as the “Korea Mutual Savings and Finance Company”) transferred the instant loan claims to the Korea Mutual Savings and Finance Company (hereinafter referred to as “Korea Mutual Savings and Finance
On June 22, 200, Korea Mutual Savings and Finance Company filed an application for provisional attachment on the Ulsan-gu, Ulsan-gu, Ulsan Metropolitan City 3048 square meters (hereinafter “the instant real estate”) owned by B with the instant loan claim as the preserved bond, and received the decision of acceptance on June 22, 200 (Seoul District Court 200Kadan18879, claim amount KRW 300 million), and the entry registration following the said provisional attachment (hereinafter “the instant provisional attachment entry registration”) was completed on June 24, 200.
(A) After the issuance of the certificate No. 1, the Korea Mutual Savings and Finance Company transferred the instant loan claim to a limited company specialized in the next securitization (hereinafter referred to as “special purpose company”).
The special purpose company filed a lawsuit against the special purpose company D and B, Busan District Court 2003Gahap65000, which is the defendant, and the above court rendered a judgment in favor of the plaintiff on July 23, 2003, and the above judgment was finalized on September 10, 2003.
(A) The main text of the above judgment is that “the defendants jointly and severally pay to the plaintiff 499,424,656 won and 300,000,000 won with 20% interest per annum from December 25, 1999 to the date of full payment.”
Since then, the special purpose company transferred the loan claim of this case to the Reorganization Financial Corporation (K&C Co., Ltd., hereinafter referred to as "K&C").