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(영문) 서울고등법원 2015.10.29 2014나34357
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of the basic facts is as stated in the part of the "basic facts" of the second to seventh except for the modification of the "total investment amount" of No. 9 of the judgment of the court of first instance to the "total investment amount". Thus, this part is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of claim

A. As to the Plaintiff’s assertion of liability for damages arising from deception and unfair investment inducement in the course of attracting investment, the reasoning of this part of the Plaintiff’s assertion is as follows, except for the addition or modification of some of the contents as set forth below, the part of the “a summary of the Plaintiff’s assertion” from 7th to 9th 6th 10 of the judgment of the court of first instance. Therefore, it is acceptable in accordance with the main sentence of

Article 272(6)4 and Article 272(6)3 of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) provides that “The agreement of this case between the debtor company and the Cheongcomnet is an agreement to promote the interest of the Cheongcomnet as well as to harm the interest of the Cheongcomnet.” The agreement of this case is prohibited by the Capital Markets Act by managing partners of a private equity fund prohibited by the said Act to pursue their own or a third party’s interest by impairing the interest of a specific private equity fund or special purpose company (Article 272(6)4 and Article 272(6)4 of the Capital Markets Act). (6) The executive partner (in

4. The term "act as specified further by Presidential Decree" in Article 297 (2) 4 of the Enforcement Decree of the said Act and Article 297 (2) 4 of the said Act means any of the following acts, which are likely to undermine the protection of partners of a private equity fund, the stability of the property of a private equity fund, etc.:

4. Specific.

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