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(영문) 서울중앙지방법원 2016.03.23 2015가합555342

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 12, 2012, Nonparty 1 Co., Ltd. (hereinafter “Mediation Industry”) entered into a non-guaranteed private equity bonds underwriting agreement with Nonparty 2 (hereinafter “ABD”) on the part of Nonparty 1 and Nonparty 2 (hereinafter “ABD”) to acquire the first non-guaranteed private equity bonds with the face value at KRW 2 billion issued by the industry. Nonparty 2 received KRW 2 billion from ABD securities in accordance with the said underwriting agreement.

B. According to the above underwriting agreement, the repayment date of the principal of the bonds is June 12, 2015, and the company that issued the bonds is deemed to have immediately lost the benefit of the period when there is an application for commencement of rehabilitation procedures, etc. under the Debtor Rehabilitation and Bankruptcy Act with respect to the industry.

C. On June 12, 2012, ASEAN Investment Securities entered into a contract for transfer of securitized assets with the Plaintiff to transfer the said bonds to the Plaintiff as agreed in the foregoing underwriting agreement. The Plaintiff acquired the principal and interest claim of KRW 2 billion based on the foregoing bonds from ASEAN Investment Securities in accordance with the above securitization assets transfer agreement.

The conciliation industry concluded a mortgage agreement with the National Bank of Korea (hereinafter “National Bank”), regarding each real estate listed in the separate sheet Nos. 1 through (3) on July 10, 2012, and concluded a mortgage agreement with respect to each real estate listed in the separate sheet No. 52184, Jul. 11, 2012, the Jung-gu District Court of the Republic of Korea, Yangyang-do Branch Office of 2.64 billion won, the debtor assistance industry, and the National Bank of Korea, completed the registration of establishment of each real estate listed in the separate sheet No. 1 through (3) on January 29, 2013, and concluded a mortgage agreement with respect to each real estate listed in the separate sheet No. 8540, Jan. 29, 2013; the debtor, the debtor, and the debtor.