logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.06 2014가합596544
손해배상(기)
Text

1. The Defendant’s KRW 965,170,961 as well as the Plaintiff’s annual rate of 5% from November 22, 2013 to October 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff as the party concerned is an incorporated association that runs a business, such as the payment of assistance money, etc. to retired members with the aim of promoting the stability of the National Intelligence Service employees’ livelihood and promoting their welfare and contributing to the promotion of national security and national interests, and the Defendant is a company that aims at collective investment business, etc. under the former Act on Business of Operating Indirect Investment and Assets (hereinafter “former Indirect Investment and Assets Act”).

B. On July 2008, the Defendant around July 1, 2008, managed the Plaintiff through the Defendant’s employee A, and the Defendant’s “Large Private Equity Ship Special Asset Investment Trust K3” (hereinafter “the Fund”).

(2) The Fund was solicited to invest in the Fund. 2) The structure of the Fund is as follows: (a) The Fund becomes a assets management company and becomes a special purpose company, and is made by the Defendant, and is the Futuous S.A., Future Consing S.A., hereinafter “instant SPC”).

(B) The loan to the instant SPC is a revenue structure that invests in the loan claims for vessel purchase funds and receives the principal and interest of loan from vessel charterage and proceeds from sale. B) The loan to the instant SPC is implemented in the structure that the Korea Securities Finance Corporation (hereinafter “Korea Securities Finance Corporation”) which is a trustee company of the instant fund (hereinafter “Korea Securities Finance”) acquires the loan claims of the instant Fund after it paid the loan.

Therefore, the funds of this case are actually borne by the Fund.

C) The instant SPC purchased a vessel with the above loan and thereafter purchased it, and thereafter, purchased the vessel to the charterer, C&P Co., Ltd. (SPC Co., Ltd., Ltd., a charterer, hereinafter “C&P ship”).

(BBCHP Agreement: Amount on the basis of USD 1,00 after the charterer paid charterage for a certain period of time after the charter period expires.

arrow