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(영문) 서울중앙지방법원 2014.10.17 2013가합75163

채무부존재확인

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff KSB PEF (hereinafter “Plaintiff”) is a private equity fund established under the Act on Business of Operating Indirect Investment and Assets, which was established on February 2, 2006, and is a company established by the Plaintiff KTB asset management company (hereinafter “Plaintiff”) to acquire shares of the Central MT Savings Bank (hereinafter “Central MT Savings Bank”) by inviting investment from investors who are limited partners. Plaintiff KSB asset management was authorized by the Financial Services Commission pursuant to the Financial Investment Services and Capital Markets Act (hereinafter “Financial Investment Services and Capital Markets Act”). Plaintiff 2 was a company with financial investment business, such as collective investment business, investment advisory business, and discretionary investment business, and Plaintiff KTB securities company (hereinafter “Plaintiff”) as a securities company with 90.12% of the shares issued by Plaintiff KSB, which was declared bankrupt by the Financial Services Commission on February 23, 2012, the Central MTB Savings Bank was 10.20% of the shares issued by the Plaintiff KTB and 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Article 12 of the relevant Act and subordinate statutes (authorization for financial investment business) (1) A person who intends to engage in financial investment business shall include the following as its constituent elements: