Here is the translation:
1. Subject of Dispute: Recognition of Pledge Transactions of Property Rights and Assignment of Claims as Void in a Case of Credit Debt Recovery.
2. Main Arguments of the Court:
The Supreme Court indicated that the appellate court prematurely reached a conclusion about partial satisfaction of claims without properly verifying the bank’s arguments about the invalidity of transactions.
Key Points:
– A transaction is void not by the decision of the Deposit Guarantee Fund, but in accordance with the law
– The court did not examine evidence regarding possible invalidity of transactions under Article 38 of the Law “On Deposit Guarantee System”
– Additional verification of the circumstances of pledge agreement execution is required
3. Court Decision: The appellate court’s resolution in the part of satisfied claims was cancelled and the case was referred for a new review to the appellate court.
