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(영문) 광주지방법원 2017.05.18 2015가합61066
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of litigation shall be borne by C which is indicated as the representative director of the plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company established on December 11, 2012 for the purpose of purchasing bonds, managing purchased assets, distributing assets, etc., and the Plaintiff is a special purpose company established on May 19, 2014 for the purpose of managing, operating, and disposing of securitization assets under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

B. On November 5, 2015, the Defendant filed an application for payment order with the Gwangju District Court No. 2015 tea7544 against the Plaintiff, asserting that “the Defendant has a claim against D for an investment in collateral security with respect to D. The Plaintiff is a special purpose corporation of D as an asset-backed securitization company and the Plaintiff and D are the same corporations. Therefore, the Plaintiff is jointly and severally obligated to return the investment amount to the Defendant.”

C. On November 6, 2015, the Gwangju District Court ordered the Defendant to pay the amount of KRW 1,500,000,000 and the amount calculated by the rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment. The payment order was finalized on November 27, 2015.

(hereinafter “instant payment order”). D.

On November 27, 2015, based on the original copy of the instant payment order, the Defendant issued a collection order for the seizure and collection of the dividends that the Plaintiff received from the Republic of Korea from the Daejeon District Court as the Gwangju District Court 2015TTTTT19165 regarding the claim for dividends that the Plaintiff would receive from the Republic of Korea.

E. On November 19, 2015, registration was completed to the effect that C was appointed as the representative director and director on the Plaintiff’s corporate register.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. On November 19, 2015, there was no fact that Defendant A was appointed as representative director C on November 19, 2015.

Therefore, the plaintiff's objection is raised by C, not a legitimate representative director.

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