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(영문) 서울중앙지방법원 2018.06.25 2016가단5012864
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants’ status 1) Defendant B Co., Ltd. is the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

Corporation F and G Co., Ltd. (hereinafter “G”) are financial investment business entities whose purpose is the investment brokerage business, etc. set forth in the Act.

() A member of the I Group, a business group comprised of H, etc., was an affiliated company of the I Group. The above Defendant was incorporated into J’s affiliated company from June 11, 2014, and changed the trade name on October 1, 2014 from K Co., Ltd to “B”) to “B” (hereinafter “Defendant Company”).

(2) On May 25, 2012, Defendant C assumed office as the representative director and took overall control of the duties of the Defendant Company, and resigned on June 28, 2013.

D was the total number of groups to which the Defendant Company belongs and was declared bankrupt on September 19, 2016 (Seoul Central District Court 2015Hadan109555), and E was appointed as bankruptcy trustee.

B. On April 10, 2013, the Plaintiff entered into a specified money trust contract with the Defendant Company (hereinafter “instant trust contract”) with the term “60,000,000 won,” and “from April 10, 2013 to February 4, 2014,” and issued management instructions as follows under the said trust contract.

The Defendant Company purchased commercial papers(CP) that occurred G as trust money according to the above management instruction.

Trust Fund management method: Investment by up to 100% in the GCP (credit Grade B/high risk) for commercial papers, term deposits, CMA, MDA, issued bills management instructions:

Permissible investment in term of time deposits, CMA, MDA, and outstanding bills upon the occurrence of the remaining amount

C. On September 30, 2013, including G rehabilitation procedures, the affiliates of I Group including G, etc. were unable to repay corporate bills issued by G upon filing an application for commencing rehabilitation procedures, resulting in damage to investors, such as the Plaintiff, etc. who purchased corporate bills through the Defendant Company.

The president of the 1st Group D, Defendant C, and Defendant of the related criminal case.

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