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1. The Defendant’s KRW 15,600,000 for the Plaintiff and the following: 5% per annum from August 11, 2010 to January 22, 2015.
Reasons
1. Basic facts
A. The Plaintiff is an ordinary investor under Article 9(6) of the Financial Investment Services and Capital Markets Act, and the Defendant is a financial investment business entity under Article 8(1) of the Financial Investment Services and Capital Markets Act, which is engaged in financial investment business.
B. On February 10, 2010, the Plaintiff, an employee of the Defendant, solicited to make an investment in the Korea-Japan Construction Co., Ltd. (hereinafter “Korea-Japan Construction”) commercial papers, and consented to it on February 11, 2010, the following day, and deposited KRW 100 million with the Defendant by August 10, 2010, the Plaintiff deposited the trust money with the Defendant up to August 10, 2010, and operated the trust money in the corporate bills issued by Korea-Japan Construction (hereinafter “instant corporate bills”), and the trust principal and the beneficiary of the trust interest as the Plaintiff (hereinafter “instant trust contract”). On the same day, the Plaintiff paid the trust money by transferring money equivalent to the investment money from the CMA account held by the Defendant Company to the trust account.
C. However, around June 2010, the maturity date of the instant specified money trust contract was extended on the same day as the date when the National Bank, a principal bank of Hanil Construction, is classified as the subject of the workout program for Hanil Construction, and upon filing an application for the joint management procedure of creditor banks under the former Corporate Restructuring Promotion Act, the claims for reimbursement of the corporate bills issued by Hanil Construction, was postponed until December 31, 2014.
After that, the Seoul Central District Court filed an application for commencement of rehabilitation procedures as Seoul Central District Court 2013 Ma34, and according to the rehabilitation plan approved through the assembly of interested parties in the above rehabilitation procedure, “78% of the principal and interest accrued prior to the commencement of the rehabilitation procedure shall be converted into equity investment, and the remaining 22% shall be paid in installments for ten years.”