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Reasons
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(영문) 서울고등법원 2017.02.07 2016나2067357
양수금등청구의 소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

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) Korea Investment Securities Co-Defendant A Co-Defendant A Co-Defendant (hereinafter “A”) in the first instance trial on June 27, 2013 as part of the instant asset-backed securitization transaction.

(2) In addition, A’s second-guaranteed private equity bonds (hereinafter “instant bonds”) with the face value of KRW 800,000,000,000.

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

A) The co-defendant B (hereinafter “B”) of the first instance court, the representative director of A, was concluded.

(2) At the time of the conclusion of the bond acquisition contract of this case, the Korea Investment Securities paid KRW 800 million to A the same day.

3) The main contents of the instant bond subscription agreement are as follows: Article 1 (Purpose of Bond Subscription) “Issuance Company” (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 (b) of this section.

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