부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The court's explanation of this case is consistent with the reasoning of the judgment of the first instance, except for addition and supplement of the judgment as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the
The Defendant’s assertion that additional and supplementary judgment C has the authority to conclude each of the instant agreements for the Plaintiff (Supplementary judgment) is that the Plaintiff is entitled to conclude each of the instant agreements on behalf of C, pursuant to the asset-backed securitization plan, that comprehensively entrusted C with asset management, such as the collection and disposal of claims, which are securitized assets, and accordingly C entered into each of the instant agreements to sell secured claims against D and F, which are securitized assets, and the Plaintiff was paid for the acquisition of claims through C. Accordingly, each of the instant agreements also effective
Judgment
The Plaintiff is a special purpose company established under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) with the purpose of distributing dividends to investors in asset-backed securities in connection with the management, operation, and disposal of non-performing loans acquired from Korean banks.
A special purpose company, as a special purpose company, shall not establish any business office other than its head office under the Asset-Backed Securitization Act, shall not hire its employees (Article 20(2)), and shall perform its business affairs externally through the caretaker, the business trustee, the fund manager, etc. in performing business affairs related to securitization assets.
(Articles 10 and 23). On the other hand, in order to protect investors in asset-backed securities, a special purpose company shall establish a plan for asset-backed securities and register and disclose it to the Financial Services Commission (Article 3), and the caretaker shall manage the asset separately from the asset-backed securities (Articles 11 and 12 do not constitute a bankruptcy estate even if the caretaker goes bankrupt).