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(영문) 서울고등법원 2013.11.22 2013나21057

손해배상

Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be filed.

Reasons

1. Basic facts

A. On January 12, 2009, the Defendant Company merged E Asset Management Co., Ltd. (mutual interest trust operation Co., Ltd. prior to the change), and was established for the purpose of investment advisory business, investment advisory business, discretionary investment business, investment trading business, investment brokerage business, and collective investment business. C is a person who works for D Team E that manages claims assets in the Defendant Company from October 2002 to January 201, 201. (2) The Plaintiff is the sole director who is the Plaintiff Company established for the purpose of producing, exporting, and importing video products and acting for export and import as a proxy.

B. C’s investment solicitation and the Plaintiffs’ investment commencement 1) Plaintiff A met with C, a private equity fund, the private village of which is the friendly F, around November 2009, 8% per annum thereafter, and 12M private equity fund 24 on the condition that the principal and interest is guaranteed over several occasions from C, and the maturity of which is one year (hereinafter “hived fund”).

In addition, unlike the general public offering with a high competition rate, the Defendant Company receives an offer at a discounted price in the form of agency participation, and the subscription funds are offered and operated by the Defendant Company for a specific individual (the employees of the Defendant Company) (hereinafter “instant subscription goods”).

2) On March 30, 2010, C argued that its marketing performance was so poor that it would be at a disadvantage in personnel management, and that C asked the Plaintiff to invest in the interest fund.

The contents of this note include the content that C will give convenience to the Plaintiff in the subscription instrument of this case after investing the Plaintiff in the Heung Fund (hereinafter “I seem to be able to make more profits if you participate in the post subscription or if you want to do so in such a manner as to make the convenience available), and it pays a higher interest rate of “I will sell it only for a limited period of time, and pay a fund subscription contract without the passbook transaction.”