logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.13 2017가합572280
펀드 환매대금 청구의 소
Text

1. The Defendant’s KRW 157,320,071 as well as 6% per annum from February 9, 2018 to December 13, 2018 to the Plaintiff.

Reasons

Facts of recognition

On April 29, 2014, Switzerland Savings Bank Co., Ltd. was declared bankrupt by the Seoul Central District Court 2014Hahap53 on April 29, 2014, and the Plaintiff was appointed as the trustee in bankruptcy of the Yongsan Savings Bank Co., Ltd. (hereinafter referred to as the “Sma Savings Bank”) on the same day.

The defendant is a company engaging in investment trading business, etc.

(B) The Plaintiff: (a) the Plaintiff was a securities company of EMM investment on July 1, 2017; and (b) the Plaintiff was changed to Hyundai Securities Company on July 1, 2018, respectively; and (c) on July 1, 2018, the Plaintiff was not a separate company before and after the mutual change; and (d) the Olympic Sports Co., Ltd. (hereinafter referred to as “ Olympic Sports”) established a beneficiary certificate account (Account No. 14309-42-30, hereinafter referred to as “the instant beneficiary certificate account”) with the Defendant, an investment trader, and purchased KRW 3 billion share of the beneficiary certificates under subparagraph 6 (hereinafter referred to as “the instant fund”).

On June 21, 2010, Smaim Savings Bank concluded a credit transaction agreement (hereinafter “instant credit transaction agreement”) with the Olympic Sports and Credit Amounting to KRW 3 billion, KRW 2 billion on June 21, 201, KRW 9 billion on June 21, 201, and the interest rate of KRW 9% per annum on June 21, 201, and around that time, borrowed KRW 3 billion on the Olympic Sports (hereinafter “instant loan”).

In order to secure all claims arising from credit transactions between both parties, including the Olympic Sports on June 21, 2010 and the instant loan claims, the Swiss Savings Bank created a comprehensive pledge (hereinafter “instant pledge”) with respect to the instant beneficiary certificate account with the pledgee Sym Savings Bank, the pledger Sports, and the maximum debt amount of KRW 3.9 billion.

arrow