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(영문) 서울중앙지방법원 2018.07.20 2017가합527204
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 29, 2011, Nonparty E Co., Ltd. (hereinafter “E”, hereinafter appearing, the name of “stock company” and “limited liability company”) and F refer to the outstanding claims or non-performing loans subject to management by the Credit Counseling and Recovery Commission or subject to individual rehabilitation procedures.

For the purpose of improving the financial structure through the securitization of bonds, G was created as an asset management company, and as a trust company, H organizations as a trust company (hereinafter “instant fund”).

B. The issuance of the instant beneficiary certificates and F trusted the NPL claim to the Fund, and G issued the beneficiary certificates based on the NPL claim (hereinafter “instant beneficiary certificates”) to J (hereinafter “J”) at KRW 11.2 billion, and issued K, L and M with the beneficiary certificates based on the F-owned NPL claim at KRW 3.3 billion.

C. On July 19, 201, N and the Defendant’s negotiating non-party N (hereinafter “N”) entered into a consulting service agreement with Non-partyO to provide advisory services on credit recoveryNL Special Asset Securitization, which was requested by E and F, and around that time, Non-party P, the N’s representative director, introduced the Defendant’s assistant participant D a transaction via the instant beneficiary certificate.

Around October 201, FF decided not to participate in securitization transactions through the instant fund. Accordingly, the Defendant established the disadvantaged Party of the Company for the instant beneficiary certificates and acquired the said beneficiary certificates from SPC, the originator, with the money borrowed from investors, and then disposed of the said beneficiary certificates and repaid the loans, following the Defendant’s transaction of the weak Party of the ABL Asscked Libered Loo (SB loan), which is the method of disposing of the said beneficiary certificates and paying the loans.

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