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(영문) 서울중앙지방법원 2017.04.20 2015가합580720

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the party concerned is an incorporated association that operates a business, such as the payment of aid money, etc. to retired members for the purpose of promoting the stable livelihood and promoting the welfare of employees of the National Intelligence Service and contributing to the promotion of national security and national interests. The Defendant’s trade name was changed from the “Large Investment Trust Operation Co., Ltd.” to the “Large Investment Trust Operation Co., Ltd.” (hereinafter “Capital Markets Act”). The former Indirect Investment Asset Management Business Act (amended by Act No. 8635, Feb. 4, 2009) (hereinafter “Financial Investment Services and Capital Markets Act”).

A) The purpose of the collective investment business is to engage in collective investment business, etc. in accordance with the repeal of Article 2 of the Addenda (hereinafter “Indirect Investment Act”).

B. 1) The Plaintiff has invested the funds through Eypt Asset Management Co., Ltd. from July 2005 to July 2007. A retired from office around July 2007 and began to make an investment through the Defendant after having worked as the team leader. A) around August 2007. A was designed and operated an investment fund for the Plaintiff’s investment from around August 2007. A around September 24, 2008, an asset management company was designated as the Defendant and the Korea Securities Finance Co., Ltd. (hereinafter “Korea Securities Finance Co., Ltd.”) as the trustee company (hereinafter “the Fund”).

According to the Investment Proposal (hereinafter “Investment Proposal”), the summary, structure, and outline of management of the Fund is as follows: (a) the Fund is, in principle, redeemed when it incorporates loan claims issued by financial institutions operating the Fund into fund assets and operates them by 21% (the concept of net profit before limit total expenses from total sales) of business gains per annum of 11.5% (after deducting remuneration) of the target return rate of 4 billion won (the period during which put options can be exercised as of June and December 2009) in size of 4 billion won.