손해배상 청구 등의 소
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff and Defendant Credit Guarantee Fund.
The grounds of appeal are examined.
1. As to the Plaintiff’s grounds of appeal, the lower court did not accept the Plaintiff’s primary claim on the ground that the Defendant Credit Guarantee Fund did not allow the Defendant A limited liability company (hereinafter “Defendant A-special purpose company”) to exercise the right to claim purchase of the claim at the time of the instant decision on the new fund support plan.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine regarding the exercise of the right
2. As to the grounds of appeal by the Defendant special purpose company, Article 20(1) of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) provides that “a special purpose company shall not engage in any business other than those provided for in Article 22,” Article 22(1) provides that “the special purpose company shall not engage in any business other than those provided for in Article 22,” and Article 22(1) provides that the business of the special purpose company shall be acquired by transfer or transfer of securitization assets or entrusted to another trust company (subparagraph 1), the management, operation, and disposal of securitization assets (subparagraph 2), the issuance and redemption of asset-backed securities (subparagraph 3), the conclusion of a contract necessary for the implementation of an asset-backed securitization plan (subparagraph 4), temporary borrowing of funds necessary for redemption of asset-backed securities (subparagraph 5), investments in surplus funds (subparagraph 6), and other business incidental to subparagraphs 1 through 6 (subparagraph 7). In light of the circumstances stated in its reasoning, the instant promise of losses shall be adopted by the former Corporate Restructuring Promotion Promotion Act (amended by Act No. 130.15, supra).