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(영문) 서울남부지방법원 2011.06.24 2009가합8162
손해배상(기)
Text

1. The Defendant’s KRW 12,184,294,934 as well as 5% per annum from November 11, 2008 to June 24, 201.

Reasons

1. Basic facts

A. (1) The defendant is a truster company and asset management company under the former Act on Business of Operating Indirect Investment and Assets (amended by Act No. 8635 of Aug. 3, 2007) established for the purpose of managing the assets of the indirect investment fund. The defendant is a truster company and asset management company under the former Act on Business of Operating Indirect Investment and Assets (amended by Act No. 8635 of Feb. 4, 2009; hereinafter the "former Telecommunication Act"). On November 11, 2005, the defendant established the "KB Pari real estate investment trust No. 7" (hereinafter the "the fund of this case") and issued the beneficiary certificates.

(2) The Plaintiff is a beneficiary who purchased both the selling company of the instant fund and the beneficiary certificates with the purpose of insurance business and other business under the Insurance Business Act.

B. (1) Contents of the Fund’s structure and related management plan (1) is a public real estate investment trust in which the Defendant, the truster company, issued beneficiary certificates, and the selling companies, including the Plaintiff, sold beneficiary certificates to investors (the Plaintiff sold beneficiary certificates only to the Plaintiff himself), and set up a structure agreed in advance to use the amount of money to be paid in advance to investors by collecting funds equivalent to KRW 84 billion from investors, and by receiving the principal and interest of the loan from the trust construction at the maturity of the loan and deducting the trust fees from the remainder of the trust funds, through Han Bank Co., Ltd., a trustee company (hereinafter “I Bank”).

(2) The Defendant stated the summary of the instant fund’s goods, the principal and interest of loans, risk analysis, etc.

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