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(영문) 서울중앙지방법원 2012.02.09 2010가합40791
손해배상금
Text

1. Defendant Busan Asset Management Co., Ltd., and A Co., Ltd., jointly and severally with the Plaintiff KRW 13,821,936,970 and its corresponding amount.

Reasons

Basic Facts

B around March 2008, C Co., Ltd. (hereinafter “C”) with the representative director entered into a contract to purchase the vessel “E” in the name of “C” under the name of “C,” a special purpose corporation, USD 15,700,000,000,000, and the vessel “G” in the name of “F,” a special purpose corporation, respectively, at the time of Defendant A Co., Ltd. (hereinafter “Defendant A”) requesting the creation of a vessel fund to H at the time of raising the purchase fund.

그러면서 B은 2008. 5. 8. 피고 A의 H에게 이메일로, 에스케이네트웍스 주식회사(이하 ‘SK네트웍스’라고 한다)가 C으로부터 E와 G를 용선기간 8년 2년, 용선료 1일 미화 1만 2,000달러에 용선하기로 하였다는 내용의 2008. 4. 25.자 정기용선계약서(이하 ‘이 사건 정기용선계약서’라 한다)를 송부하였다.

Defendant A, as a kind of investment trust under the former Indirect Investment Asset Management Business Act (repealed by Article 2 of the Addenda of the Financial Investment Services and Capital Markets Act, Act No. 8635, Aug. 3, 2007; hereinafter “the Preliminary Investment Act”), collected investment funds from multiple investors and created a large-scale fund, provided funds with ship purchase funds to C, and collected investment funds with charterage revenues derived from ship operation, namely, seeking to create and sell an investment profits by collecting charterage revenues from ship purchase funds. Defendant A decided to create and sell an investment fund subject to the loan claims provided to C for ship purchase. Defendant A, the seller of the fund, the asset management company of the Fund, and the Defendant Han Bank (hereinafter “Defendant Han Bank”), the Defendant Han Bank (hereinafter “Defendant Han Bank”), was the trustee company of the Fund.

Accordingly, on May 9, 2008, Defendant Han Bank will pay 18 billion won to D with purchase funds of E on May 9, 2008, and 18 billion won to F with purchase funds of G on May 20, 2008.

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