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(영문) 서울중앙지방법원 2016.05.11 2015가합17871
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at purchasing, selling, and collecting defective loan claims. The Defendant is a mutual savings bank that engages in various financial business against an individual company, etc.

B. 1) The Defendant’s bid by combining the unsecured bonds (including individual rehabilitation claims and credit recovery claims) whose total sum of the outstanding principal amounts to KRW 3.3,12.4 billion owned by the Defendant as assets subject to sale (hereinafter “instant bid”).

Around February 13, 2015, through an accounting firm, a sales adviser, the Plaintiff sent summary information on the assets subject to sale, including the Plaintiff, to companies specializing in the purchase, management, collection, etc. of insolvent loans including the Plaintiff, as well as summary information on the assets subject to sale (i.e., investment registration on February 26, 2015, ② the sales guide (CIM) on March 2, 2015, ③ the scheduled date of the bidding on March 17, 2015, ④ the notification of the details and submission of the written intent to participate in the bidding, and the notification of the bid participants to the Defendant that the bidding participants will submit the bid information of this case to the Defendant that they will participate in the bidding (CIM, Confdive Infrastructure, Disk).

3 March 3, 2015 and the same month shall be applicable to the 3rd Accounting Firm.

4. The Plaintiff sent, by e-mail, computerized information (Disk) made up of sales guide (CIM) and X-cell files, and information on assets subject to sale, including modified data.

The above sale guide (CIM) shall classify claims subject to sale into unsecured claims, individual rehabilitation claims (including corporate rehabilitation claims), and credit recovery claims, and shall be the borrower of each credit.

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