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(영문) 서울북부지방법원 2015.04.30 2014가합24420

손해배상(기)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 31,121,644 and Defendant B with respect thereto from October 11, 2014, and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. The parties concerned are corporations established mainly for the purpose of credit business, such as the receipt of deposits and installment savings from members under the Community Credit Cooperatives Act, and loans to members. Defendant B is a person who served as the president of the Plaintiff from February 12, 2004 to February 24, 2012, and Defendant C is a person in charge of managing the Plaintiff’s surplus funds from March 23, 200 to December 10, 2012.

B. The Defendants operating surplus funds invested KRW 200,000,000 as the Plaintiff’s surplus funds in an investment product (hereinafter “investment product of this case”) operated on February 9, 2007 by the Kando Global Investment Trust 1, which was operated by the Kando Global Investment Trust 1, while performing the Plaintiff’s management of surplus funds.

The terms and conditions of this case’s investment product are as follows.

Article 1 (Purpose, etc.) The purpose of this Trust Deed is to prescribe the rights and duties of the asset management company, the trustee company, beneficiaries and the selling company of the investment trust, and other necessary matters concerning the operation, management, etc. of the investment trust property under the conditions as prescribed by the Indirect

Article 36 (Investment Objects, etc.) Every asset management company shall manage the investment trust property as the following investment objects and investment methods:

C. 1. Beneficiary certificates related to real estate issued by an asset management company under the Indirect Investment Asset Management Business Act and certificates or investment certificates related to real estate issued, created, or distributed in a foreign country in the same or similar foreign currency indicated as stocks related to real estate issued by an asset management company (hereinafter “foreign indirect investment securities”), and internationally recognized securities that have the nature of securities provided for in Article 2(1)5 and 6 of the Securities and Exchange Act, as certificates or investment certificates related to real estate issued by a foreign corporation, etc.