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(영문) 서울중앙지방법원 2014.01.10 2013가합524771
구상금
Text

1. As to the Plaintiff KRW 2,708,886,012 and KRW 1,062,40,000 among them, the Defendant shall pay to the Plaintiff KRW 2,708,886,012 from March 29, 2012, and KRW 1,009, and KRW 215.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of Gap evidence 1-1 (entrusted Sales Contract), Gap evidence 1-2 (Detailed Business Agreement), Gap evidence 2-1 (Detailed Business Plan), Gap evidence 2-2 (2), Gap evidence 2-3 (2-3 management proposal), Gap evidence 4-1 (2) evidence 4-2 (Business Agreement), Gap evidence 4-7 (Separate Business Agreement), Gap special asset investment trust agreement), Gap evidence 8 (including separate application form, number), Gap evidence 9 (including separate application form, number), Gap evidence 10 (general meeting of beneficiaries), Gap evidence 11 (the director's general meeting of beneficiaries), Gap evidence 1-2 (the director's general meeting of beneficiaries), Gap evidence 4-2 (Business Agreement), Gap evidence 4-7 (Special Asset Investment Trust Contract), Gap evidence 8 (including separate application form, number), Gap evidence 10 (including separate application form, and evidence 2-4 (D).

The Defendant was an asset management company under the former Act on Business of Operating Indirect Investment and Assets (amended by Act No. 8635 of Aug. 3, 2007, which was enforced on Feb. 4, 2009, prior to the repeal by Act No. 2 subparag. 3 of the Addenda; hereinafter “former Act”). around September 29, 2005, the Defendant loaned KRW 30 billion to G Co., Ltd., Ltd., a company F, a implementing company, and created a “C Special Asset Investment Trust” fund (hereinafter “instant fund”), a private equity fund, a private equity fund, a trustee of which takes over the above loan claims, and the Plaintiff sold the instant fund to investors as a selling company under the former Act on Business of Indirect Investment and Assets.

B. On March 29, 2006, the target management period of the instant fund was 18 months, and on March 29, 2006, six months later, 7.5 billion won out of the principal amount of 30 billion won was first repaid, and on September 29, 2006, the principal amount was 10.5 billion won was second repaid, and on March 29, 2007, 18 months later, it was planned to operate the principal amount of 12 billion won as the third repayment schedule.

C. According to the repayment schedule above, the principal amounting to 18 billion won shall be paid to investors on the first and second repayment date.

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