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(영문) 서울고등법원 2015.01.15 2014나2006334

손해배상(기)

Text

1.The judgment of the first instance, including the primary claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On March 20, 2003, the Plaintiff was established as a basic property (hereinafter “basic property of this case”) as a public interest corporation established under the Act on the Establishment and Operation of Public Interest Corporations for the purpose of scholarship business.

B. The Defendant is a company with the purpose of investment brokerage business, discretionary investment business, etc., and F served as the head of the PB team from December 2002 to October 2005, and the head of the branch from November 2005 to May 2009.

C. On May 28, 2003, the Plaintiff sought explanation from F that the principal will be guaranteed and that an earning rate of 7% shall be guaranteed, and on May 28, 2003, opened the Defendant’s consignment transaction account (Account Number C, D), withdrawn KRW 500 million of a fixed deposit against the above K, which is the Plaintiff’s fundamental property, and transferred the money to F in a comprehensive manner. D.

The F invested in various kinds of bonds such as L and M, and special asset funds such as Ninvestment Trust No. 7, etc., which have been deposited in the consignment transaction account in accordance with the agreement as above, while managing the said funds by investing in the repurchase agreement bonds, the fund, etc. in accordance with the agreement as above. On March 6, 2008, the F purchased the beneficiary certificates of IBS investment trust (hereinafter “instant fund”) with KRW 480 million out of the amount entrusted by the Plaintiff on March 6, 2008.

E. The fund of this case was “the structure of building or purchasing vessels with funds recruited by investors and financial institutions, selling vessels by remodelling them, or chartering them to shipping companies, and repaying borrowed money with charterage collected each quarter or each half year, and distributing profits to investors.” However, the fund of this case was unable to carry out the business progress originally planned due to the deterioration of shipping market conditions following the global financial crisis around October 2008. The appraised amount of the fund of this case was June 201.