beta
(영문) 서울중앙지방법원 2015.09.11 2015나14715 (1)

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant (the first trade name was “Dongyang Integrated Financial Securities Co., Ltd.,” but was changed to “Dongyang Securities Co., Ltd.,” on December 1, 201, and was changed to “Yanyang Securities Co., Ltd.,” on October 1, 2014) is a financial investment business entity under Article 8(1) of the Financial Investment Services and Capital Markets Act, which runs a financial investment business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

B. On February 10, 2010, the Plaintiff, an employee of the Defendant, recommended to make an investment in the Korea-Japan Construction Co., Ltd. (the listed construction company at the order of appraisal of the execution capacity in 2009; hereinafter “Korea-Japan Construction”), and consented to it on February 11, 201 on the following day, and entrusted KRW 100 million with the Defendant by August 10, 2010, the Plaintiff trusted the trust amount to the Defendant up to August 10, 2010, and the Defendant entered into a specified money trust agreement (hereinafter “instant trust agreement”) with the terms that the trust principal and the beneficiary of the trust interest are the Plaintiff. On the same day, the Plaintiff paid the trust money by transferring the money equivalent to the investment amount from the CMA account held by the Defendant to the trust account.

C. However, around June 2010, the maturity date of the instant specified money trust contract was extended on the same day as the date when the National Bank, a principal bank of Hanil Construction, is classified as the subject of the workout program for Hanil Construction, and upon filing an application for the joint management procedure of creditor banks under the former Corporate Restructuring Promotion Act, the claims for reimbursement of the corporate bills issued by Hanil Construction, was postponed until December 31, 2014, and accordingly, the maturity of the instant specified money trust contract was extended.

After that, the Seoul Central District Court filed an application for commencement of rehabilitation procedures as Seoul Central District Court 2013 Ma34, and according to the rehabilitation plan approved through the assembly of related persons in the rehabilitation procedures commenced thereafter, the case is examined.