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(영문) 부산지방법원 2017.05.10 2016가단304603
청구이의
Text

1. The Defendant’s enforcement against the Plaintiff is enforced on the payment order of the Plaintiff’s investment refund case.

Reasons

1. Factual basis

A. On April 30, 2014, C Co., Ltd. (hereinafter “C”) was awarded a successful bid for non-performing loans, etc. (hereinafter “non-performing loans in this case”) from our bank, and decided to establish an asset securitization company and issue securitization bonds with the underlying assets.

Accordingly, the Plaintiff was established, and C transferred the bonds purchased from our bank to the Plaintiff, and the Plaintiff issued securitization bonds of KRW 71,517,00,000 on June 9, 2014.

The above bonds took precedence over new life insurance companies, among new financial investment companies, the first order of the banks, the second order of the banks, and third order of the banks.

B. The Defendant filed an application with the Plaintiff for a payment order seeking the return of KRW 13,756,144 on the ground that the Plaintiff had a claim for the return of investment deposit against C, and the Plaintiff is a asset securitization company of C, and is jointly obligated to pay the said claim.

On November 11, 2015, the court issued a payment order for the Plaintiff to pay the above investment funds to the Defendant (hereinafter “instant payment order”), and the payment order became final and conclusive because the Plaintiff did not raise any objection thereto.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 7, Eul evidence 19, Eul evidence 20, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts that the plaintiff's representative director E is unlawful since he/she was appointed as representative director without a resolution of a general meeting of members, and thus, the lawsuit in this case is filed by a non-representative.

In light of the fact that there is no dispute, Eul evidence No. 21, and the purport of the whole pleadings, the former representative director F of the plaintiff set up a pledge to the bondholders who have acquired securitization bonds issued by the plaintiff with respect to the whole amount of the plaintiff's shares owned by the plaintiff, and the sub-pledges execute a pledge and thereby execute the pledge to E.

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