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(영문) 서울중앙지방법원 2015.01.16 2014가합502143
환매대금청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a financial institution established for the purpose of establishing an efficient credit system for small and medium entrepreneurs. The Defendant is a large-scale special bond and general security bond, etc. owned by himself through an open bid on the first of the first of the year 2012 (hereinafter “property subject to sale”).

The bid process was conducted for the purpose of selling the product. Accordingly, the “Sulinin Insulin sulna, a company that has its head office in Japan,” hereinafter referred to as “Insulin sulina” (hereinafter referred to as “insulin sulin

(2) On April 25, 2012, a preliminary bidder, including the Plaintiff, submitted a registration document and participated in the tender. The Defendant distributed a bid guide to the preliminary bidder on April 25, 2012, along with the draft acquisition contract. The tender guide clearly states that “any explicit comments or guarantees on the accuracy and completion of all the information provided, including the present tender guide, shall not be explicitly expressed or guaranteed, and any legal liability shall not be borne. All of the obligations, such as the due diligence and valuation of the assets subject to sale, shall be entirely a preliminary bidder, and the details of the information provided shall be determined by the preliminary bidder’s knowledge, survey and assessment, and the accuracy and completeness of the relevant issues shall be determined by oneself.”

3) On May 30, 2012, the Defendant opened a bidding date and selected the insulin as a successful bidder, etc. The Defendant followed the bidding process according to the schedule set out in the above bidding guide, etc. B. The Defendant concluded a transfer agreement and entered into a contract with the insulin, etc. selected as a successful bidder through the above bidding procedure on May 30, 2012.

The outstanding principal amount of the assets subject to sale as of March 31, 2012, which is the date of the determination of assets stipulated in the above transfer agreement at the time, has reached KRW 181,203,881,604, and among them, the defendant is the stock company.

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