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(영문) 서울남부지방법원 2014.11.07 2013가합108304
매수금반환 등
Text

1. Defendant Korea Investment Securities Co., Ltd.: (a) KRW 82,903,428; and (b) KRW 41,451,714 to Plaintiff B; and (c) each of them.

Reasons

1. Basic facts

A. The Plaintiffs, as the parties, purchased the beneficiary certificates of “The Fund No. 14(hereinafter “the Fund”) under the former Indirect Investment Asset Management Business Act (repealed by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act, enacted by Act No. 8635, Aug. 3, 2007; enacted on Feb. 4, 2009; hereinafter “former Telecommunication Act”).

Defendant Korea Investment Securities Co., Ltd. (hereinafter “Defendant Korea Investment Securities”) and Defendant ES Securities Co., Ltd. (hereinafter “Defendant ES Securities”) are the selling company of the instant beneficiary certificates, and Defendant EIS Asset Management Co., Ltd. (hereinafter “Defendant EIS Asset Management”) are the asset management company of the instant fund.

B. On February 2008, C around February 2, 2008, Defendant E (E; hereinafter “E”) is an airline of the Philippines with respect to its employees, who are employees of the instant Fund.

) The route in which he has taken over and connects the Switzerland Clock Airport and the UAEM (hereinafter referred to as “Cld-Dual Routes”) to the airport.

(2) Around April 2008, the Plaintiff requested an investment of KRW 14.5 billion necessary for the purchase price of an aircraft, etc. on the ground that the Plaintiff would be able to make a new flight, and requested an investment of KRW 14.5 billion necessary for the purchase price of an aircraft. Then, around April 2008, F and D, an employee of Defendant SDR, recommended to make an investment by delivering C’s investment proposal to Korea Capital Capital Co., Ltd. (hereinafter “Korea Capital Capital”) and F and F mutual savings banks (hereinafter “F mutual savings banks”), and Defendant EF securities, Korean Capital, and F and F.D. visited the Philippines to conduct on-site inspections around May 2008.

3) Meanwhile, Defendant SK securities collect investment funds from an investment trust as a type of investment trust under the former Transboundary Investment Act around April 2008, and create funds, and Plaintiff G (G; hereinafter “G”) in which C is the representative director.

(a)the financial institution;

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