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(영문) 서울남부지방법원 2019.07.12 2017가합114314
손해배상(기)
Text

1. The Defendant: KRW 349,825,594; KRW 49,486,003; KRW 69,280,404; and KRW 69,280,404; and

Reasons

1. Basic facts

A. The status of the parties, etc. (1) around September 29, 2005, the Defendant: (a) as an asset management company under Article 2 subparag. 3 of the former Indirect Investment Asset Management Business Act (amended by Act No. 8635, Aug. 3, 2007; hereinafter “former Indirect Investment Act”); (b) established KK Fund (hereinafter “the instant beneficiary certificates”); and (c) issued the instant beneficiary certificates (hereinafter “instant beneficiary certificates”); and (d) L Co., Ltd (hereinafter “L”) merged L Co., Ltd. with L Co., Ltd. on December 30, 2016 and comprehensively succeeds to the rights and obligations of the said company; (c) the Plaintiffs purchased the instant beneficiary certificates from L Co., Ltd. as a community credit cooperative established pursuant to the Community Credit Cooperatives Act.

B. (1) The conclusion of the instant fund’s structure and business agreement, etc. (1) is a “private equity fund” that explains and invests only the minority investors in direct contact with and among them, and that the instant fund is a kind of hybrid financial institution that newly constructs a P building (hereinafter “instant building”) with large discount points, convenience facilities, etc. on the ground outside of O and 3 lots at the time of permanent residence (hereinafter “the instant building”) (hereinafter “the instant project”), and loans KRW 30 billion to Q (hereinafter “P”) Co., Ltd. (the trustee company of the instant fund”), a company in charge of the instant fund, transferred the instant loan right as the sales proceeds of the instant beneficiary certificates, and then, Q has sold the instant building and repaid the principal and interest of the instant building with the sales proceeds, and has been designed by dividing them into three times (6 months after the date of establishment of the fund, 12 months after the date of its establishment, and 18 months thereafter).

(2) Q, N, and S Ltd.

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