beta
(영문) 서울고등법원 2011.02.09 2010나34663

손해배상(기)

Text

1. Of the judgment of the court of first instance, the defendant Han-sung Securities Co., Ltd. of the plaintiff A, which constitutes the money ordering the payment below.

Reasons

1. The facts following the facts of the foundation do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, 5, 6, 7, Eul evidence Nos. 3, 4, 6 through 9, 16 through 20, 29, 31 (the evidence No. 29 of Eul among them are the evidence No. 16 of Eul, Eul evidence No. 31 of Eul are the evidence No. 13 of Eul, Eul evidence No. 2 and 3 of Eul, Eul evidence No. 2 and 3 of the first instance trial witness C, the first instance trial witness C of the first instance trial, and witness No. D of the trial.

The parties’ status Seoul Asset Management Co., Ltd. (the name was changed to Defendant Jinjin Asset Management Co., Ltd. on December 26, 2007) established a trust company under the former Indirect Investment Asset Management Business Act (amended by Act No. 8635 on Aug. 3, 2007 and repealed by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 on Feb. 4, 2009), which was established for the purpose of operating the asset of the indirect investment fund, as the trust company under the former Indirect Investment Asset Management Business Act established for the purpose of operating the asset of the indirect investment fund, etc. (hereinafter “Defendant Jin Asset Management”), and established on July 21, 2006 “Seoul Drmomomo Foreign Real Estate Investment Trust No. 1 (hereinafter “the Fund”). The Plaintiffs purchased the beneficiary certificates from each of the investors of the Fund, as the beneficiary certificates of the Fund.

B. 1) Details of the structure of the Fund, trust terms, and relevant management proposal, etc. 1) The Fund’s structure as a private real estate investment trust is a trust company and an asset management company, with the investment of funds equivalent to KRW 9 billion from investors, and the Fund was created, and the Trust Company National Bank of Korea (hereinafter “National Bank”), a trustee company, (hereinafter “National Bank”), is a trust company and an asset management company.

through B, the Fund.