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(영문) 서울남부지방법원 2012.10.12 2011가합10885

손해배상

Text

1. The Plaintiff’s primary claim against Defendant ESS Securities Co., Ltd. and Defendant EBS Asset Management Co., Ltd.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is repealed by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 of Aug. 3, 2007 and enforced on Feb. 4, 2009) and is subject to the Act on the Management of Indirect Investment and Capital Markets (hereinafter “The Act”).

(1) The “The Fund” (hereinafter “the Fund”) of the Special Asset Investment Trust C, which is an indirect investment fund for the special assets under the Act.

(2) Defendant SDR Co., Ltd. (hereinafter “SDR”) is the selling company of the instant fund. Defendant ABS Asset Management Co., Ltd. (hereinafter “EIS Asset Management”) is the asset management company of the instant fund, the Industrial Bank of Korea is the trustee company of the instant fund, and Defendant A was involved in the process of establishing the instant fund as the vice head of the instant SDR D Team, and Defendant B was the director of the said D Team.

B. (1) E around February 2008, 2008, the airline of the Philippines (hereinafter “F”).

(2) While acquiring an aircraft, Defendant B asked Defendant B to create a fund of USD 14.5 billion with the purchase price of the aircraft, etc. (hereinafter “H”) and requested Defendant B to raise an investment fund of USD 14.5 billion with the purchase price of the aircraft. Accordingly, around April 2008, Defendant SDR collected investment funds from multiple investors and created a large-scale fund, and lent the funds to G Co., Ltd. (hereinafter “G”), the representative director of which is the Fund E (hereinafter “G”), and G re-loans this funds to H Co., Ltd. (hereinafter “H Co., Ltd., Ltd.), the Kman Islands, the special purpose corporation (hereinafter “pecis Pate”), the fund is re-loaned from the investment fund of the Republic of Korea (hereinafter “H”) with the airport Clark and the air transport fund of which is derived from the investment fund of the case.