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(영문) 창원지방법원 2018.01.25 2016가합50498
손해배상(기)
Text

1. The Defendants jointly share KRW 92,158,435 with respect to the Plaintiff and KRW 5% per annum from February 23, 2016 to January 25, 2018.

Reasons

1. Facts of recognition;

A. Defendant B served as the president of the Plaintiff from February 1, 1998 to September 4, 2015, and Defendant C served as the Plaintiff’s former office from May 30, 1992 to September 4, 2015.

B. According to the enforcement guidelines for supervision of community credit cooperatives as to the management of surplus funds of community credit cooperatives (hereinafter “instant enforcement guidelines”), it is prohibited to purchase private model funds as surplus funds of community credit cooperatives. The purchase of the same fund amounting to at least 2,00,000,000 won is also prohibited. The Defendants, while operating the Plaintiff’s surplus funds, sold by Esc securities Co., Ltd. (hereinafter “Esc securities”) four times from March 10, 208 to March 6, 2009 and purchased Mah Asset Management Co., Ltd. (hereinafter “Esc securities”) total amounting to KRW 3,00,000,000,000.

C. The Fund purchased loans from financial institutions to the Environmental Resources Development Co., Ltd. (hereinafter “Environmental Resources Development”), which is an enterprise that installs and operates industrial waste disposal facilities, and operated the Fund in a manner that distributes the principal and interest of loans repaid to the development of environmental resources to investors. From June 10, 2008 to September 10, 2009, the Plaintiff was paid KRW 534,630,876 as the amount of profit distribution of the Fund.

However, the development of environmental resources failed to generate business profits and eventually sold from the auction procedure to the industrial waste disposal facilities, and investors of the fund of this case received any profit distribution or received any investment money. Accordingly, investors of the fund of this case including the Plaintiff filed a lawsuit seeking compensation for damages on the grounds of the violation of the duty to protect investors against KS securities and Macs, and the violation of the duty to exercise due diligence on the fund management of this case.

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