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(영문) 서울남부지방법원 2017.05.26 2014가합1462 (1)
손해배상(기)
Text

1. The Defendants jointly operate the Plaintiff Korea Securities and Exchange Co., Ltd. with KRW 1,400,000,000, and Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff Korea Securities Finance Corporation (hereinafter “Plaintiff Korea Securities Finance Corporation”)

) The company is a company that provides financing services, etc. related to financial investment instruments, and Plaintiff Clate Asset Management Co., Ltd. (hereinafter “Plaintiff Asset Management Company”).

(2) On December 1, 2016, Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company engaged in vessel leasing business and vessel management business, and Defendant B is the representative director of Defendant A.

3) Defendant C is a limited liability company F (hereinafter “F”).

(2) From May 27, 2008 to January 18, 2011, Defendant D, who holds 50% of the shares of F, was in charge of all corporate affairs while serving as F’s director from May 27, 2008 to January 18, 201. Defendant D, as an investor who invested 370 million won in F, was appointed as a director on July 19, 201 while performing all corporate affairs from January 201 to July 201. Defendant E, as an employee holding 50% of F’s shares, carried out all business affairs of F with Defendant C and D. (B) Defendant C and E purchased dredging vessels from Plaintiff Asset Management Company to take charge of all corporate affairs. Defendant D proposed to make an investment in the dredging rental business (hereinafter “instant dredging business”). Defendant C and E made an investment in the rental business (hereinafter “Plaintiff”) in consultation with the Plaintiff 508.68.

2 Around June 2008, Plaintiff Asset Management Company: (a) recruited investment trust property from investors; (b) required that Plaintiff Korea Securities Finance Co., Ltd., the trustee of the Fund, pay the said investment trust property to H Capital Capital; (c) H Capital loaned the said property to F; and (d) transferred the relevant loan claims and all related rights to the said loan claims to Plaintiff Korea Securities Finance; and (c) purchased the said loan by F.

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