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(영문) 서울고등법원 2020.07.22 2020나2009570

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following dismissal or determination by supplement of the reasoning of the judgment of the court of first instance as to the Defendants’ assertion in paragraph (2). Thus, the relevant part is cited as it is in accordance with the main sentence of Article 4

[Attachment] The main part] Defendant C Co., Ltd. (hereinafter “Defendant C”) in the fourth 3 to fourth 4th tier of the judgment of the first instance is reversed as “Defendant AR Co., Ltd. (former trade name: C Co., Ltd.; hereinafter “Defendant C, regardless of whether before or after the change”).

13 2-1 of the first instance judgment

A. The Defendants alleged violation of the fiduciary duty in the asset management phase are as follows. 2) Although they neglected the management of the Plaintiff’s assets, they did not take appropriate measures such as delayed construction loans, loss of interest due to the circumstance in which the construction loan would be delayed and finalless, and loss of opportunity to recover the investment amount due to the failure to grasp the change in the assets of the guarantor, the Defendants breached the fiduciary duty in the fund management phase. 3-B of the first instance judgment of this case.

The parts of paragraphs are as follows.

Whether Defendant C bears the duty of care in managing assets at the stage of managing assets (1) and whether Defendant C bears the duty of care in managing assets (1). The following circumstances are comprehensively taken into account: (i) the following circumstances, i.e., ① Defendant C is an asset management company of the instant fund, and the Plaintiff purchased the beneficiary certificates of the instant fund amounting to KRW 8 billion; (ii) Defendant C Proposal Investment (Evidence A) issued to the Plaintiff, issued by Defendant C, including the fact that the instant fund’s assets are invested in M through V, a domestic special purpose company, in Korea; and (iii) the instant fund, N, and Q2 Fund.