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(영문) 서울중앙지방법원 2010.01.26 2008가합123792
손해배상(기)
Text

1. Defendant Uijin Asset Management Co., Ltd. shall be KRW 318,619,02 to Plaintiff A, KRW 228,131,197 to Plaintiff B, and Plaintiff C.

Reasons

1. The following facts do not conflict between the parties, or each of them can be acknowledged by taking into account the following facts: Gap evidence 1-1 to 3, Gap evidence 2-4, Gap evidence 5-1 to 27, Gap evidence 11, 12, Eul evidence 3, Eul evidence 6, Eul 9 through 12, and Eul evidence 17 through 20, witness D's testimony, and the whole purport of arguments as a result of the order to submit financial transaction information to the representative director of the Korean Commercial Securities Corporation.

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 Fund’s structure and related management proposal, etc. (1) The Fund’s structure as a private real estate investment trust is a trust company and an asset management company, with the investment of funds worth KRW 9 billion from investors, and the Fund was created through the National Bank, Inc., a trustee company (hereinafter “National Bank”).

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