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(영문) 서울고등법원 2012.02.14 2010나34939
손해배상(기)
Text

1.The first judgment shall be modified as follows:

Defendant Ujin Asset Management Co., Ltd. shall be KRW 289,040,524.

Reasons

1. Basic facts

A. Defendant Jinjin Asset Management Co., Ltd. (hereinafter “Defendant Jinjin Asset Management Co., Ltd.”) established the parties’ status as the trust company under the former Indirect Investment Asset Management Business Act (amended by Act No. 8635 of Aug. 3, 2007 and repealed by Article 2 of the Addenda of the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 of Feb. 4, 2009; hereinafter “Tink Investment Act”) which was established for the purpose of managing the assets of the indirect investment fund, and established the “Seoul Drmomomomo Foreign Real Estate Investment Trust No. 1” (hereinafter “the Fund”) on July 21, 2006, and is an asset management company that issued its beneficiary certificates, and the Plaintiff Hanjin Asset Co., Ltd. (hereinafter “Defendant Han Securities”) is the beneficiary certificates of the Fund that it purchased from the selling company of the instant investment fund under the consignment contract concluded with the Defendant Jinjin Asset Management.

B. (1) The Fund’s structure and trust terms and conditions of the Fund, and the details of the investment proposal (1) are the Fund’s structure and real estate investment trust, and the Fund created the Fund with an investment amounting to KRW 9 billion from investors. The Fund is a model real estate investment trust, and most of the investment trust properties of the Fund through the National Bank Co., Ltd. (hereinafter “National Bank”), a trustee company, a trustee company, (hereinafter “National Bank”), was changed from the “Ecohouse Ltd.” around October 2006 to the current trade name, and (hereinafter “execution company”) was changed from the “Ecohouse Ltd.,” around October 2006; and (hereinafter “instant site”) purchased and created a golf course outside New Zealand, part of the golf course in the outside of New Zealand and its neighboring land, and then newly constructed a house, such as can, canal, and other houses (hereinafter “instant site”).

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