logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.12.10 2018가단5262694
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of purchasing and managing non-performing loans and recovering assets.

Defendant B Limited Liability Company (hereinafter “B”), C Limited Liability Company (hereinafter “C”), D Limited Liability Company (hereinafter “D”) and F Limited Liability Company (hereinafter “F”) are corporations established for the purpose of acquisition, transfer, etc. of securitization assets under the Asset-Backed Securitization Act.

Defendant E (hereinafter “E”) is a corporation established for the purpose of business entrustment, etc. from a special purpose company established under the Asset-Backed Securitization Act.

Defendant E was entrusted by Defendant B, C, and D with the sale of securitized assets, and sent a bid proposal to companies including Plaintiff through accounting corporation G on March 28, 2018.

B. On April 17, 2018, the Plaintiff was selected as a successful bidder and entered into a contract with Defendant B, C, D, etc. to acquire each of the claims at KRW 269,740,287 as indicated in the bond list (hereinafter “instant bond acquisition agreement”).

The relevant provisions of the bonds acquisition agreement of this case are as follows.

Article 1 Definition and Interpretation of Article 1 1 1 Definitions "the term of transaction termination" means May 2, 2018.

The term "transaction termination date" means the business day on which the actual transaction is closed.

The term "asset confirmation date" means April 6, 2018.

The term "effective Date" means April 17, 2018.

2.Except for the seller's obligations or responsibilities expressly provided in this Agreement, the seller shall not be subject to any obligations or responsibilities in connection with the assignment or transfer of this case, except as otherwise expressly provided in the latter part of Section 2, Paragraph 1, the sale of the assets subject to sale.

The non-existence of the obligation to cure the non-performance of the obligation under Paragraph 4 of Article 2 shall be the obligor's non-performance of any monetary obligation on the claims of this case from the date following the date of asset determination

arrow