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(영문) 서울고등법원 2014.01.22 2012나105569
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The parties 1) The Defendant is prior to the repeal by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 of Aug. 3, 2007 and enforced February 4, 2009; hereinafter “Indirect Investment Act”) of the former Indirect Investment Asset Management Business Act

(2) The Plaintiff, as an insurer under the Insurance Business Act, is an investor who purchased the beneficiary certificates of the instant fund from the Defendant as an insurer under the Insurance Business Act, upon entering into a consignment sale contract with the glass Asset Management Company, which is an asset management company under the same Act.

3) Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”)

(B) The instant fund is the trustee company of the instant fund. B. The instant fund’s rough structure is ① Company B (hereinafter “B”).

) A Limited Liability Company (hereinafter referred to as “SPC”) that is a related special purpose corporation (SPC, Special Pate),

) Corporate bills issued by the corporation (hereinafter referred to as “instant bills”).

(2) SPC purchases and (2) PC purchases used aircraft (the model name: C (S/N) and engine two engines (the model name: Prat and Whitney J9D4D (S/N: 7096, 709619); hereinafter “the same body engine”; hereinafter the combination of the aircraft body and the instant body engines and the instant aircraft engine) and one model of Spanish engine [the “instant aircraft”: Prat and Witney J9D-7D4D (S/N: hereinafter referred to as “Spanish engine”); hereinafter the combination of the aircraft engine and the instant aircraft engine and the instant aircraft engine and its affiliates as security “the instant aircraft” and redemption of the funds” (hereinafter referred to as “the Fund”).

The Aircraft, etc. in this case is leased, and 3. E is the Aviation Fee income for the Aircraft, etc. in SPC.

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