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(영문) 서울고등법원 2013.08.16 2012나88930
집행판결
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal and the costs of appeal due to the principal lawsuit of the first instance shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 199, the Defendant was established as investment by 100% of G for the acquisition and disposal of non-performing assets of financial institutions. At the time, the Defendant had its trade name H, but was changed as of November 2009. The Defendant seeks to make the assets-backed securitization company (I; hereinafter “I”) to manage and dispose of non-performing loans acquired by investing public funds in an insolvent financial institution jointly with the purchaser of the non-performing loan and to make it possible for the Defendant to manage and dispose of the non-performing loans acquired by jointly with the purchaser of the non-performing loan.

(2) Around December 2000, the Defendant and I jointly established the Plaintiff, a corporation specialized in asset-backed securitization, in the community.

This was conducted by the Defendant and I to acquire 50% shares of 30.8 billion won issued by the Plaintiff and bonds equivalent to 184.1 billion won. The Defendant sold to the Plaintiff non-performing loans of 413.1 billion won on the name of the Plaintiff at KRW 215 billion (including the sale price of KRW 204.4 billion or the progress of KRW 204.4 billion), but used 107.5 billion out of the sale price as the successful bid payment made by I to appropriate 107.5 billion out of the disposal price of non-performing assets recovered by the Plaintiff, and recover 50% out of the disposal price of non-performing assets recovered by the Plaintiff in the form of principal and interest of bonds and dividends of stocks.

3) According to an asset-backed securitization plan submitted by the Plaintiff to the Financial Supervisory Service on October 25, 2000, the Plaintiff is an asset management company entrusted by the Plaintiff with the management of the securitization assets in accordance with the Asset-Backed Securitization Act, in order to raise funds for purchase of non-performing assets, and the Plaintiff issues stocks and bonds, pays dividends, the principal and interest of bonds through the disposal and disposal of the purchased non-performing assets, and where real estate provided as collateral for non-performing assets exists, it may recover the claims by acquiring and developing them through court auction, etc., and disposing of them to a third party.

B. The bond agreement of this case and the shareholders of this case

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