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(영문) 수원지방법원 2016.04.07 2015가단66942

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Claim of this case

A. The Plaintiff is obligated to jointly and severally pay the above money to a special purpose corporation, which has a claim for return of investment money equivalent to the claim amount (hereinafter referred to as “the instant investment money”) against the issuer’s property management company (hereinafter referred to as “the issuer’s property management”), on the grounds that the Defendant is obligated to jointly and severally pay the money with the issuer’s property management for the following reasons, i.e., (b).

B. A limited liability company specialized in securitization is a kind of petacom, which is a kind of business related to the management, operation, and disposal of securitization assets, and other business affairs are entrusted to the asset manager or a third party. The defendant also is a special purpose corporation established by the management of trust assets for the sale of non-performing loans arising from a financial institution, which is automatically dissolved when the sale of company bonds and the redemption of principal and interest are completed, and is merely a temporary established company.

C. According to the record of the assessment of the Korea Credit Rating Co., Ltd.’s written statement, the management of the trust assets becomes the subject of the Defendant’s caretaker and asset-backed securitization business. In other words, the “main asset-backed securitization” is a transaction in which the Korea Bank, on March 21, 2014, entered into a contract on the management of the trust assets and the bonds on May 10, 2014 to transfer the property subject to the transfer, such as the secured non-performing loans, held as of March 21, 2014 to the original purchaser, and issued a senior and subordinate ABS in order for the Defendant to acquire the property subject to the transfer by concluding a contract on the transfer and acquisition of the trust assets by the Korea Bank, the Korea Bank, the Securities Depository, and the Defendant on June 10, 2014.

In this securitization, the management of the mersh assets will take charge of the collection of securitization assets, the exercise of security rights, and the general operation of special purpose corporations as asset managers.