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(영문) 서울남부지방법원 2015.05.22 2014가합6634
손해배상(기)
Text

1. The Defendant: 9,947,198 won; 5,525,821 won; 27,631,264 won; 27,631,264 won; F; and 3.

Reasons

1. Basic facts

A. Status 1 of the Parties) The Plaintiffs are a ship investment company funds (hereinafter “instant fund”) No. 106 of Korea Pacific06 (hereinafter “instant fund”).

(2) A ship investment company of this case (hereinafter “instant ship investment company”) shall be able to invest in Korea (hereinafter “instant ship investment company”).

2) The Defendant (a securities company which had been entrusted with sale at the time when the instant ship investment company sold shares on old stock market (hereinafter “former securities”) is a securities company that was entrusted with sale and allocated the shares to subscribers in the position of a joint supervising company and a total sum acquiring company by public offering.

B. 1) After establishing the instant ship investment company, KSF ship financing company, which is the ship investment company, has acquired 3,321,448 shares of the instant ship investment company through private equity holders in KRW 5,00 per share (total acquisition amount of KRW 16,607,240,00) and sold them to investors of the instant fund through public offering. 2) The instant ship investment company, which is the ship investment company, was a subsidiary KS6 International.

S. A. (hereinafter referred to as “Pama subsidiaries”) was established, and Pakistan subsidiaries purchased vessels of 148,477 MT size at US$ 44,00,000 (hereinafter referred to as “instant vessels”).

To prepare the purchase price of the instant vessel, Pakistan subsidiaries were granted loans from the Korean Bank, the National Agricultural Cooperative Federation, and the National Federation of Fisheries Cooperatives to the extent of USD 28,595,000, which is the senior lender, to set up the first priority mortgage on the instant vessel to the above senior lender, and received subordinated loans from the instant ship investment company up to USD 17,80,000.

3) Pakistan subsidiaries are Singapore companies YUN LET. LTD. (hereinafter “instant charter company”).

bareboat charter (Barebaat) with respect to the vessel of this case.

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