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(영문) 서울중앙지방법원 2016.09.09 2015가합576400
양수금등청구의 소
Text

1. As to Defendant A Co., Ltd and B’s joint and several costs of KRW 814,108,814 and KRW 807,718,794 among them, May 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s asset-backed securitization transaction was established pursuant to the Asset-Backed Securitization Act and was engaged in the asset-backed securitization business, such as acquisition, management, operation, and disposal of debentures, loans, and all rights related thereto (asset-backed assets). On June 19, 2013, the Plaintiff traded a transaction in which the Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities”) (hereinafter “Korea Investment Securities”) intended to acquire bonds acquired by applying for registration of an asset-backed securitization plan and to issue the bonds with securitization assets (hereinafter “instant asset-backed securitization transaction”).

B. 1) The Korea Investment Securities Co., Ltd. (hereinafter “Defendant A”) is part of the instant asset-backed securitization transaction on June 27, 2013, as part of the instant asset-backed securitization transaction.

(1) The second-guaranteed private equity bonds (hereinafter “instant bonds”) with the face value of KRW 800,000,000 issued by Defendant A.

2) As to the issue of whether a non-guaranteed private bond subscription contract (hereinafter “instant corporate bond subscription contract”) is written as follows:

(2) At the time of the conclusion of the bond acquisition contract of this case, Defendant A, the representative director of Defendant A, was jointly and severally liable for the debt of Defendant A under the bond acquisition contract of this case. (2) Korea Investment Securities paid KRW 800 million to Defendant A on the same day.

3) The main contents of the bond subscription agreement of this case are as follows: Article 1 (Purpose of Bond Subscription) “Issuance Company” (Defendant A);

hereinafter the same shall apply.

2) The term “this bond” means the acquisition company (Korean investment securities) that is required for the business through the issuance of the “bonds”;

hereinafter the same shall apply.

The Asset-Backed Securitization Act (hereinafter referred to as the “Asset-Backed Securitization Act”)

(2) the corporate bond securitization (hereinafter referred to as “CBO transactions”) under this section.

) For the purpose of use, the term “this bond” and “special purpose company” (referring to the plaintiff);

hereinafter the same shall apply.

subsection (1) of this section.

§ 2.

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