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(영문) 부산지방법원 2021.01.20 2019가합49676
손해배상(기)
Text

The part of the plaintiff's lawsuit against the defendant Eul and the part based on the subrogation right against the defendant Eul corporation.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of credit fraternity business, credit installment savings business, and receipt of deposits and installment savings.

2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for cultural consensus planning and research and development business, performance planning business, etc. from July 9, 2016 to the same year.

9. By December 23, 200, G located in Busan Shipping Daegu (hereinafter “G”) is a company planning and producing “H exhibition” (hereinafter “instant exhibition”) in the outdoor market. Defendant C is the representative director of the Defendant company, and Defendant D is the inside director of the Defendant company.

3) Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company established for the purpose of conducting financial investment business, financial business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Market Act”); Defendant F is the head of Defendant E’s I Center.

B. On February 19, 2016, Defendant Company established J Co., Ltd. (hereinafter “J”) to raise funds for the instant exhibitions.

2) On April 28, 2016, Defendant Company, J, Defendant E, and K Co., Ltd. (hereinafter “K”) issued private equity bonds for the instant exhibition (hereinafter “private equity bonds”), and Defendant E and K entered into an agreement on the business of issuing private equity bonds with the J (hereinafter “instant business agreement”), and the main contents are as follows.

Section 1.(Purpose) The parties to this Convention designate the issuer (J; hereinafter the same shall apply) as the beneficiary of the first-class beneficial interest under the Monetary Claim Trust Contract at the same time in trust to the trustee of the monetary claim trust contract (J; hereinafter the same shall apply) with the claim for the settlement of accounts for the purchase of the first-class beneficial interest held by the manufacturer (the Defendant Company; hereinafter the same shall apply) and the issue shall be made by the asset-backed securitization method in which the issuer pays the consideration for the acquisition of the first-class beneficial interest by issuing private equity

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