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(영문) 서울중앙지방법원 2014.11.06 2013가단342842

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Establishment and liquidation of a limited liability company; 1) Stock Company B (hereinafter referred to as “B”);

A) Around 2006, the Seongbuk-gu Seoul Metropolitan Government Complex Development Project (hereinafter referred to as the “instant project”) is a zone D main complex development project that constructs a main complex building with 7 underground floors and 36 floors above ground in the Seongbuk-gu Seoul Metropolitan Government Complex.

(2) On April 17, 2006, B entered into a business agreement (hereinafter “the first business agreement”) with the same soil (hereinafter “the same soil”) that is a lender, the lender, the same river loan (hereinafter “the same river loan”) and the same soil (hereinafter “the same soil”) that is a debt-taking company, the contractor, and the same soil (hereinafter “the same soil”).

As set out in the first business agreement, New Capital and Bath Capital loaned 50 billion won to B, an implementer, on April 17, 2006, and B paid the minimum capital of KRW 10 million on April 18, 2006, thereby establishing a limited liability company, which is a company specializing in asset-backed securitization under Article 17 of the Asset-Backed Securitization Act (hereinafter “the first limited liability company”).

F was the only member of the first limited liability company, who was appointed as the director and the representative director.

3) In other words, B is a business agreement between the Defendant, the lender, the same lending, and the same building and building (hereinafter “the second business agreement”) on May 3, 2006.

(2) Around May 3, 2006, the Defendant loaned KRW 25 billion to B on May 3, 2006, and B paid the minimum capital of KRW 10 million on May 22, 2006, thereby concluding the second business agreement, and as a company specializing in asset-backed securitization under Article 17 of the Asset-Backed Securitization Act (hereinafter “the second limited company”).

F. F was established. The only director and the representative director of the second limited company were appointed. 4) The first limited company issued asset-backed securities for 50 billion won of loaned assets in accordance with the first business on May 15, 2006, under the supervision of the Korea Investment Securities Co., Ltd. (hereinafter referred to as the “Korea Investment Securities”) (hereinafter referred to as the “Korea Investment Securities”) which is an asset manager. < Amended by Act No. 8538, Feb. 15, 2007>