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(영문) 서울고등법원 2020.02.12 2019나2017964
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The grounds for this part of the underlying facts are as stated in the corresponding part of the judgment of the court of first instance, except for the case where the court takes the witness R and S's testimony of the 13th [based basis for recognition] of the judgment of the court of first instance as "the witness R and the witness testimony of the court of first instance as "the witness testimony of the court of first instance and the witness testimony of the court of first instance as follows (except the portion not trusted in the following)", and thus, they are cited as they are

2. The grounds for this part of the allegations by the parties are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

3. Determination

A. 1) Under the relevant legal principles, (1) In soliciting investors to acquire beneficiary certificates for sale of beneficiary certificates, the selling company under the former Indirect Investment Act provides the investor with an investment prospectus provided by the asset management company and explain its major contents; (2) make an indication that may mislead investors with regard to material facts; (3) make an act of not giving sufficient and accurate notice of the characteristics of the indirect investment and investment risk; and (4) make an act of not giving sufficient and accurate notice of the trust agreement and investment risk; and (4) make an act of not notifying the investors of the major contents of the trust agreement and investment risk, such as performance dividends and possibility of loss of principal.

(2) Article 56(2) and Article 57(1) of the former Indirect Investment Act provides that a selling company shall be aware of the details of an investment prospectus provided by an asset management company, and the meaning of the investment prospectus shall be clearly understood by itself, with accurate explanation from the asset management company, and shall explain to investors the management method of the investment trust, the investment plan, and the profits and risks arising therefrom so that investors can understand accurately and harmoniously, and the contents of sales auxiliary data provided by the asset management company are accurate and balanced.

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