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(영문) 서울중앙지방법원 2015.08.20 2014가합558290
손해배상(기)
Text

1. Plaintiff A’s claim against Defendant Hyundai Securities Co., Ltd., Ltd., Plaintiff B, and C’s future Exemplary Securities Co., Ltd.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the ship investment companies of this case established under the Ship Investment Company Act (hereinafter “instant ship investment companies”).

2) The shares issued by the corporation (hereinafter “instant shares”)

(2) The Defendants, a securities company, entrusted sales at the time of the subscription sale of the instant ship investment company, and jointly managed the sales, and distributed to the subscribers the total amount of KRW 2,00,000 to the Defendant’s future deposit securities company (hereinafter “Defendant’s future deposit securities”) out of KRW 5,572,108 of the sales target shares and KRW 1,572,108 of the sales target shares, and Defendant Hyundai Securities Co., Ltd. (hereinafter “Defendant Hyundai Securities”) acquired KRW 2,00,000 of the total amount of KRW 5,572,108.

B. 1) The term “ship investment company” means the former Ship Investment Company Act (amended by Act No. 8635 of August 3, 2007).

The Act (hereinafter referred to as “Act”)

(2) The term “ship management company” is a company established for the purpose of investing its assets in a ship and distributing profits therefrom to its shareholders (Article 2 subparag. 1 and Article 3(1) of the Act). The investment structure under the aforementioned Act is a company that establishes a “ship investment company” with the funds gathered from investors, constructs a ship with its capital and borrowings, and redeems the principal and interest on loans in exchange for hire payments, and distributes the remainder to investors. (2) The term “ship management company” is a company that actually engages in the business of operating assets, such as a ship, by being entrusted by a ship investment company. The term “asset custody company” is a company that keeps its assets and carries out business related thereto under the former Trust Business Act or a trust company under the Financial Investment Services and Capital Markets Act.

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