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(영문) 서울중앙지방법원 2013.08.09 2012가합97159
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) Around June 11, 2012, Defendant Korea Asset Management Corporation (hereinafter “Defendant Corporation”) issued a public notice of the bid for the sale of the instant assets to “On-the-counter”, a public auction site, in order to sell bankruptcy claims and other assets, including bankruptcy claims, which Defendant New Financial Investment Company (hereinafter “Defendant Company”) acquired as the liquidation fund of non-performing loans, by means of an open competitive bid.

The bid of this case is a way to select a participant as a successful bidder after dividing rehabilitation ordinary bonds, bankruptcy claims, and unlisted stocks into each pool and giving the highest price for each pool respectively.

Among them, the bankruptcy claim of this case was classified as "Po C (Pool C)" based on the balance of outstanding principal principal against 24 borrowers. Among them, the bankruptcy claim of this case included claims against the bankrupt treatment telecommunications company (hereinafter referred to as "Treatment Communications").

The Defendants sent a sales guide (IP, Inc.) to the financial institution that would be a bidder in the middle of June 2012, and sent all documents containing information about the sales assets to the company that paid the information fee with the intent of bidding.

At the time, the documents (including the draft of asset acquisition agreement, data disc (Disk), IRF Review Report, and CIMF) provided by the Defendants to the participants in the bidding including the National Bank (hereinafter referred to as the “National Bank”) include the following contents as to the bankruptcy claim against the bankrupt's treatment communications:

(1) With respect to the denied bankruptcy claim amounting to KRW 96,529,064,015 (hereinafter in this case, the denied claim) (hereinafter in this case), the "Seoul Central District Court Decision 2008Haba134 (Seoul Central District Court Decision 2008Haba134, hereinafter in this case)" and the denied claim.

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