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(영문) 서울고등법원 2017.05.18 2016나2058018
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company that sells machinery, tools, etc., and the Defendant is a limited company that is engaged in asset-backed securitization business established based on Articles 17 and 20 of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) on May 19, 2014, and a company that is established for the purchase of bonds, the management of purchased assets, and the distribution of assets on December 11, 2012 for the purpose of purchasing bonds, the management of assets for purchase, and the management of assets for distribution of assets, and added the business to the business purpose as an asset manager or the trustee for business as permitted by the Asset-Backed Securitization Act or other relevant Acts and subordinate statutes on September 26, 2013.

B. On May 26, 2014, the Defendant entered into an asset management consignment contract (hereinafter “management consignment contract”) with a new financial investment company (hereinafter “new financial investment company”) and OSB Savings Bank (hereinafter “Saving Bank”), and the major contents are as follows.

Specialized

A. On May 26, 2014, Korea Bank Co., Ltd. (hereinafter “seller”) entered into a contract with “original buyer” or “asset manager” as of May 26, 2014, and/or agreed to sell, and purchase, the “asset-backed assets” (hereinafter “asset-backed assets”) composed of specific non-performing loans, related collateral, and other assets according to the revised contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract for a contract of a contract for a contract for a contract for a contract of a claim (hereinafter “contract for a contract for the transfer of a contract for a contract for a contract for the purchase of a claim”) between the seller and the original buyer, the original buyer transfers all the rights,

E. The trustor shall make sure that the caretaker is in accordance with the terms and conditions set out in this Agreement.

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