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(영문) 서울고등법원 2016.10.21 2016나2005410
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) Conclusion of the Assets Management Entrustment Contract

(B) A corporation (hereinafter referred to as “B”)

(2) On August 14, 2008, the Defendant: (a) on August 14, 2008, entrusted the management entrustment agreement (hereinafter “the following”) to the Defendant, the main asset manager, who is the management, operation, etc. of the securitization assets to be transferred by the special purpose company, the truster, pursuant to the asset transfer agreement, to the Defendant

(2) The truster has concluded a contract for the transfer of assets. (2) The truster shall entrust the truster with the following business of the securitization assets acquired by the truster in accordance with the contract for the transfer of assets, and the assistant caretaker shall accept the contract. (1) The caretaker shall perform the duty of care of the caretaker under Article 3 of the duty of care of the caretaker for the preservation and recovery of the securitization assets; (2) the caretaker shall perform the duty of care of the caretaker under the relevant laws and regulations and this contract with the care of a good manager. (1) If the obligor of the securitization assets delays the payment of the principal and interest of the securitization assets, the assistant caretaker shall take reasonable measures which are legally permitted to collect the assets. (1) If the caretaker violates all the matters under this contract, the truster shall compensate the truster for damages incurred by the failure to pay the unpaid amount within five (5) business days from the date of receipt of the claim; and (2) If the obligor fails to pay the unpaid amount within the period from the expiration of five (5) business days until the full payment date, the delay shall be calculated by applying the overdue interest rate of the trustee's general account.

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