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(영문) 대구지방법원서부지원 2016.10.11 2016가합50161
청구이의
Text

1. The order to pay the Defendants’ payment in the Daegu District Court Branch Decision 2015Guj2866 for the return of investment funds to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties to the contract

(2) The Plaintiff issued asset-backed securities based on the non-performing loans transferred from Korea Bank (hereinafter “Korea Bank”) in accordance with the asset-backed securitization plan, and the non-party company acquired registered subordinated privately offered bonds issued by the Plaintiff. The Defendants are investors in the non-party company.

B. On November 3, 2015, the Defendants for whom payment order was finalized filed against the Plaintiff on November 23, 2015, for a payment order claiming the return of investment funds under the Seogu District Court Branch Branch 2015 tea2866. On November 23, 2015, the said court rendered the payment order (hereinafter “instant payment order”) with the content that “the Plaintiff shall pay the Plaintiff KRW 502,90,000 to the Defendant A, KRW 121,80,000 to the Defendant B, KRW 42,000 to the Defendant C, KRW 119,230,950 to the Defendant D, and KRW 19,230,950 to the Defendant E, KRW 198,82,950 to the day following the delivery of the original copy of the payment order, and KRW 15% to the day of full payment.” The payment order was finalized on November 1, 2015.

C. The Defendants, based on the original copy of the instant payment order finalized, were issued a seizure and collection order on the dividends, etc. to be distributed to several courts, including the Plaintiff’s filing of a request for auction to the Daejeon District Court, Seocheon District Court, Seocheon District Court.

[Reasons for Recognition] Defendant A, B, D, and E: Evidence Nos. 1 through 6 (including the number of branch offices; hereinafter the same shall apply), Evidence Nos. 1 and 2, and the purport of the whole pleadings, Defendant C: Confession (Article 150(1) and (3) of the Civil Procedure Act)

2. Determination

A. The facts of the above recognition as to the cause of the claim.

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