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(영문) 서울중앙지방법원 2015.06.05 2013가합557665
부당이득금
Text

1. As of September 22, 2009, in the case of distributing the recovered amount for the 1-1st non-guaranteed bonds of the F&S securitization No. 1.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. Facts of recognition 1) AWS-based limited company (hereinafter “AWS”).

Around September 5, 2005, around 1-1, 2005, non-guaranteed bonds (total of KRW 40 billion, maturity of March 5, 2008; hereinafter “instant corporate bonds”).

The Plaintiff and the Defendants (hereinafter collectively referred to as “claim Group”) were issued.

The obligees who purchased all of the bonds of this case. The amount of each of the bonds of this case and the ratio of the bonds purchased by each of the parties is the corresponding amount and ratio indicated in the "party" column in the list of amounts. 2) The bonds of this case were newly constructed by C Co., Ltd. (hereinafter referred to as "D Co., Ltd.") and newly constructed a new company to D Co., Ltd. (hereinafter referred to as "Execution Co., Ltd.") and the trust (hereinafter referred to as "the trust contract of this case") around March 10, 2005, the name was changed to "F", "G", and "H"; hereinafter referred to as "IB") for the elderly welfare facilities of this case located in Seongbuk-gu, Seoul (hereinafter referred to as "IB") in order to acquire the right to benefit under the trust contract of this case and the right to benefit of this case."

3) On April 10, 2006, in order to collect prompt claims at the bondholder’s meeting, the credit group selected Defendant Aamamdong Saemaul Bank (the working-level officer: I) and Defendant implied Credit Union (the working-level officer: J) as joint representatives of the claims group. From May 16, 2006, the credit group changed the representative of the claim group to the Plaintiff’s K division on May 2007, and K paid the amount of money payable at the time of exercising the claim, including various taxes and public charges, to the Plaintiff’s funds in the course of collecting the claims.

5 The bond group shall hold a bondholder's meeting on September 22, 2009 through an audit by an accounting firm.

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