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1. The defendant's case of return of investment funds to the plaintiff of Busan District Court 2015 tea 11591 and the same court 2015 tea 11593.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) 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 under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).
B. The Defendant asserted that “C bears the obligation to return the investment amount against the Defendant, and the Plaintiff is jointly and severally obligated with C to return the investment amount, as an asset-backed asset-backed company, a special purpose corporation of C, and is jointly and severally obligated to return the investment amount to the Defendant.” The Plaintiff filed an application for each payment order with the Busan District Court No. 2015 tea 11591 and the same court No.
C. On November 5, 2015, the Busan District Court rendered a payment order (hereinafter “instant payment order”) to the Defendant for delay and the expenses for demand procedure calculated at the rate of 15% per annum from the day following the day when the original copy of the payment order was served to the day when the original copy of the payment order was fully paid. The payment order (hereinafter “instant payment order”) was issued as follows: “The Plaintiff shall pay damages for delay and the expenses for demand procedure calculated at the rate of 418,47,525 won to the Defendant and 15% per annum from the day after the original copy of the payment order was served to the day of full payment” (hereinafter “the payment order”) and each of the above payment orders was finalized on November 26, 2015.
In the Plaintiff’s corporate register, D was registered as the representative director from the time of the Plaintiff’s establishment, but on November 19, 2015, registration was completed that E was appointed as a director or a representative director.
【Ground for recognition】 The fact that there is no dispute, Gap's 1, 4, Eul's 9-2, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The summary of the Defendant’s assertion (1) A, a director with the Plaintiff’s power of representation and an employee with all the Plaintiff’s shares, appointed E as the Plaintiff’s representative director.