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(영문) 서울중앙지방법원 2011.06.23 2009가합88094
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are community credit cooperatives established under the Community Credit Cooperatives Act, and the defendant is a corporation with the purpose of managing assets, providing investment advice, and conducting discretionary investment business.

B. Contents of the apartment building project 1) A Co., Ltd. (hereinafter “A”).

) The apartment house of 351 households (hereinafter “the apartment house of this case”) input approximately KRW 57.9 billion in Jinju-si and about KRW 29,000,000,000.

(2) The construction project of this case (hereinafter referred to as the “construction project of this case”).

(A) A.B. Construction Co., Ltd. (hereinafter referred to as “A.B. Construction”)

On March 10, 2005, A entered into a contract for construction works with A, and participated in the instant construction project as the contractor. The completion date of the instant apartment complex was around January 2008. 2) A entered into an agency contract with, on May 27, 2005, the New Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”) to manage funds, such as sales price deposited by the buyers of the instant apartment in relation to the instant construction project, loans lent by financial institutions, etc.

In addition, the new real estate trust was established in the Agricultural Cooperatives Federation to establish a fund management account (Account Number: B) so that deposit withdrawal can be made only when the new real estate trust and the new construction are jointly sealed.

3) A around May 2005, is Solomon Savings Bank (hereinafter “ Solomon Savings Bank”).

(4) On January 6, 2006, A entered into a fund management agreement with the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to appropriately manage the sales price paid by buyers in relation to the instant building project. The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”). The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”). The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”).

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