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(영문) 의정부지방법원 2016.08.18 2016가합51290
청구이의
Text

1. The defendant's payment order for the bill payment case against the defendant's plaintiff is the Jungyang-si District Court 2015j283 note payment order.

Reasons

1. On the premise, the Defendant has a claim for return of KRW 270,000,00 for the money invested in the Bank of Korea (hereinafter “the Bank of Korea”) with respect to the 30,000,000,000.

The Defendant asserted that “the issuer’s bond management is a special purpose corporation for the purpose of asset-backed securitization, and the Plaintiff is jointly and severally liable to return the above investment amount to the Defendant.” The Plaintiff filed an application with the Plaintiff for a payment order issued on November 20, 2015 with the Jungyang-si District Court 2015 tea2833, Namyang-si, Seoul District Court, and the said payment order was finalized on December 10, 2015.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 5 and 6, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion and the Plaintiff’s claim are corporations with entirely separate legal personality, and compulsory execution based on the above payment order ordering the return of investment funds in relation to the management of the lus property shall be rejected.

B. Determination 1) In full view of the evidence No. 1’s purport, the following facts can be acknowledged in light of the purport of the entire pleadings. The Plaintiff is the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

A special purpose company established pursuant to this Act is a company that distributes money collected from the management, operation, and disposal of non-performing loans that it acquired from our bank to investors in asset-backed securities to the amount of money collected therefrom. A special purpose company, including the Plaintiff, including the Plaintiff, can not establish any business office other than its head office, and may not hire employees (Article 20(2) of the Asset-Backed Securitization Act, through an asset manager, a business trustee, and a fund manager.

The plaintiff entered into a contract for the management of the trust assets and the management of the trust assets, and made the management of the trust assets perform the plaintiff's duties.

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