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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Nonparty C Co., Ltd (hereinafter “C”) was established on December 11, 2012 with the main purpose of purchasing non-performing loans, mortgaged real estate, etc. by financial institutions and paying operating profits through the ecash work. Around September 26, 2013, the purpose of which was to add the business purposes to the Asset-Backed Securitization Act (hereinafter “ Asset-Backed Securitization Act”) or the asset manager or business trustee as permitted by relevant Acts and subordinate statutes, and the substantial decision-making was carried out by the inside director D who was operating the C in substance, but, from July 25, 2013 to July 5, 2016, the inside director E, who is D’s partner, was appointed as the representative director.
B. C around May 2014, a business plan was formulated by F Co., Ltd. (hereinafter “F”) to purchase approximately 84 billion real estate collateral non-performing loans, etc. worth KRW 84 billion (hereinafter “instant securitization assets”). On the other hand, C participated in the sale of the instant securitization assets and was awarded a successful bid of approximately 71 billion won.
However, financial institutions related to the sale of securitization assets and the lending of purchase funds request that the purchase of securitization assets of this case be carried out in the manner provided for in the Asset-Backed Securitization Act. D, on May 19, 2014, established the Defendant, a limited-liability company specialized in asset-backed securitization for the purpose of asset-backed securitization business pursuant to Article 17 of the Asset-Backed Securitization Act with the capital of KRW 10 million as of May 19, 2014. On May 26, 2014, C, as the purchaser of the instant securitization assets awarded a successful bid, transferred the entire status of the contracting parties to the instant securitization assets to the Defendant as of May 26, 2014, and C entered into an asset management entrustment contract with the intent to manage assets entrusted by the Defendant, the transferee of the instant securitization assets, such as asset management, operation and disposal
On the other hand, the defendant on May 2014.