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(영문) 서울중앙지방법원 2010.01.26 2009가합10312
손해배상(기)
Text

1. Defendant U2 Asset Management Co., Ltd.: (a) KRW 637,238,04 for Plaintiff A and KRW 203,916,143 for Plaintiff B, respectively.

Reasons

1. The following facts do not conflict between the parties, or each of the following facts can be acknowledged by considering Gap evidence Nos. 1, 2, 5 through 7, Eul evidence Nos. 3, 4, 6 through 9, 16 through 20, Eul evidence Nos. 2 and 3, Eul witness C and D's testimony, and the whole purport of the arguments as a result of this court's order to submit financial transaction information to the representative director of the Korean Commercial Securities Co., Ltd.

Defendant Jinjin Asset Management Co., Ltd. (former Asset Management Co., Ltd. was Seoul Asset Management Co., Ltd., but its trade name was changed on December 26, 2007; hereinafter “Defendant Jinjin Asset Management”) is a truster company under the former Indirect Investment Asset Management Business Act (amended by Act No. 8635 of Aug. 3, 2007 and enforced on February 4, 2009 pursuant to Article 2 of the Addenda of the Financial Investment Services and Capital Markets Act, which was enforced on Feb. 4, 2009; hereinafter “former Simple Asset Management Act”), which was established for the purpose of managing the assets of the indirect investment fund, and is an asset management company that issued beneficiary certificates on July 21, 2006 (hereinafter “the Fund”). The Plaintiffs are investors in Korea Asset Management Co., Ltd., Ltd. (hereinafter “Defendant Han Securities”) who purchased the beneficiary certificates of this case according to the consignment sales contract concluded with the Defendant Jinjin Asset Management Company.

B. (1) Contents of the instant fund’s structure and related management proposal, etc. (1) The instant fund is a private real estate investment trust, and it is a trust company and an asset management company have invested funds worth KRW 9 billion from investors, and created the fund, and most of the investment trust properties of the instant fund through the National Bank of Korea (hereinafter “National Bank”), a trustee company, the National Bank of Korea (hereinafter “National Bank”).

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