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(영문) 서울중앙지방법원 2017.01.13 2015가단5115049

손해배상(기)

Text

1. Defendant B Co., Ltd and C jointly and severally with the Plaintiff KRW 14,718,351 as well as the aforementioned amount from October 15, 2013 to January 13, 2017.

Reasons

1. Facts of recognition;

A. The party status, etc. 1) Defendant B Co., Ltd. (formerly, D Co., Ltd.; hereinafter “Defendant B”).

(1) The Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) provides for the following:

(E) a financial investment business entity with the aim of investment brokerage business, etc. set forth in the section E, a corporation

(2) Defendant C, as the head of the business division of Defendant B, recommended the purchase of the corporate bonds of this case between the Plaintiff and Defendant B for the Plaintiff, and directly handled the transaction regarding the purchase of the company bonds of this case and the specified money trust contract, as a member of the G Group, which was an affiliated company of the business group comprised of FF Co., Ltd., and was incorporated into H from June 11, 2014.

B. (1) On March 30, 2012, the Dispute Resolution Co., Ltd. issued a non-guaranteed option bond BB’s credit rating on March 30, 2012, and a non-guaranteed option bond BB0’s credit rating on May 6, 2013. (2) On May 6, 2013, the Dispute Resolution Co., Ltd. issued a non-guaranteed option Co., Ltd. through a general public offering, respectively. (3) On February 1, 2013, in consultation with Defendant B, in order to avoid the self-regulation of the Financial Investment Association, which makes it impossible for securities companies to raise more than 1/2 of the issuance quantity of corporate bonds of affiliates. (4) On July 29, 2013, the Credit Resolution Co., Ltd. issued ABB bonds through an Asset Specialized SPC (hereinafter “I”) to redeem the above ABCP.

C. The Plaintiff’s corporate bonds of KRW 267 E 267 (hereinafter “instant corporate bonds 1”) on September 10, 2013, KRW 70,000,000 for the invested amount on the date of acquiring the financial instruments (hereinafter “instant corporate bonds”) and KRW 268 corporate bonds of KRW 268 (hereinafter “instant corporate bonds 2”) on September 6, 2013, 30,000,000 for the amount invested by the Plaintiff’s acquisition of the financial instruments (hereinafter “instant corporate bonds 30,000,000,000) are the Defendant who is in charge of the business affairs.