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(영문) 대전지방법원 2017.08.23 2016가합102157

부당이득금

Text

1. The Defendant’s KRW 494,643,429 as well as the Plaintiff’s annual rate of 5% from April 28, 2016 to August 23, 2017, and the following.

Reasons

1. Basic facts

A. (1) On March 20, 2009, A entered into a stock discretionary investment contract (hereinafter “instant discretionary investment contract”) with the Defendant and the Defendant for a contract term of KRW 50,000,000 and 12 months (from March 20, 2009 to March 20, 2010). The Defendant is entitled to make an investment in stocks, etc. on the KOSDAQ and pay 50% of the total proceeds when the rate exceeds 10% of the base return rate as a performance fee.

A) On May 9, 2009, A concluded the instant contract with an investment amount of KRW 20,000,000, and KRW 50,000,000 on June 25, 2009, and KRW 40,000,000 on October 19, 209, respectively.

B. On March 24, 201, A entered into a stock investment advisory contract with the Defendant for a fixed period of 24 months (24 months from March 24, 2011 to March 23, 2013) with regard to investing KRW 450,000,000 in the stocks, etc. for which the term of contract was 24 months (hereinafter “instant advisory contract”) and the Defendant recommended a specific item of stocks during the said period or received information on investment judgment, and paid to the Defendant a fixed fee equivalent to 5,00,000 won and 50% of the profits at the time of realizing profits for each item as a performance fee (hereinafter “instant advisory contract”).

C. On January 17, 2012, A entered into an option transaction consultation agreement with the Defendant for a contract term of 84 months (from January 1, 2012 to January 1, 2019) and with the Defendant for a fixed fee of 5,00,000 won, fixed fee of 10% of the operating assets of each month, performance fee of 50% of the profits when realizing profits of each item, performance fee of 12,60,000,000 won when early termination (hereinafter “instant option agreement”).

On November 6, 2014, the rehabilitation procedure was commenced as Daejeon District Court 2014dan512 on the commencement of rehabilitation procedures and A became a custodian.

[Ground of recognition] Unsatisfy, A(1) through (3)