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(영문) 서울중앙지방법원 2012.07.26 2011가합82266

매수금반환

Text

1. The plaintiff's successor's primary claim against the defendant SDR corporation is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The status of the party is the beneficiary of the “ISS Special Asset Investment Trust A” (hereinafter “the Fund”), a special asset indirect investment fund under the former Indirect Investment Asset Management Business Act (repealed by Article 2 of Addenda to the Financial Investment Services and Capital Markets Act, Act No. 8635, Aug. 3, 2007; hereinafter “former Indirect Investment Act”), which is the indirect investment fund, and Defendant SS Securities Co., Ltd. (hereinafter “SK securities”), is the selling company of the Fund, and Defendant ISS Asset Management Co.,, Ltd. (hereinafter “IS Asset Management”) is the asset management company of the Fund.

B. Around April 2008, Defendant SK securities collected investment funds from multiple investors as a kind of investment trust under the former Indirect Investment Act, and created a large-scale fund, thereby creating the fund B (hereinafter “B”).

(C) The Corporation (C Co., Ltd., Ltd., hereinafter referred to as “C”) of Kamando Co., Ltd. (hereinafter referred to as “C”) re-a special purpose corporation.

upon lease to the Republic of Korea, C has purchased and accepted a used aircraft with this funds, and thereafter is an airline of the Philippines (hereinafter referred to as “D”).

(C) the route (hereinafter referred to as “Clorate-Dualk route”) between an airport of the Philippines and an airport of the United Kingdom of America (hereinafter referred to as “Clorate”) by leasing it to the Republic of Korea.

(2) As a result, on July 17, 2008, Korea Capital Co., Ltd. (hereinafter “Korea Capital”) lent 14.5 billion won of aircraft purchase fund to B in the form of a Brazil loan on the part of July 17, 2008, by allowing its operation, to acquire the above loan claim from the Korean Capital and transfer the 9.5 billion won loan claim from the date of August 22, 2008 to the corporate bank, a trustee company.

3B. 3.