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(영문) 서울중앙지방법원 2015.12.18 2015나23689
구상금등
Text

1. Of the judgment of the court of first instance, the part against the defendant Korean bank is revoked, and the plaintiff falls under that part.

Reasons

1. Facts of recognition;

A. Korea’s special asset investment trust No. 7 (hereinafter “instant investment trust”) is an investment trust created pursuant to Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 of Aug. 3, 2007 and enforced on Feb. 4, 2009) with the aim of acquiring investment profits by investing part of the vessel price for shipbuilding contract in a shipbuilding contract.

B. The instant investment trust shall invest 16,177,512,00 won, which is equivalent to 20% of the total shipbuilding fund, in relation to the vessel’s business that is being undertaken by entering into a shipbuilding contract with the Sable Lone Star Shipping Co., Ltd. (hereinafter “Sable Heavy Industries”), and shall acquire 27.9% of the vessel’s profits from the vessel’s business. The instant investment trust received an advance refund guarantee certificate (hereinafter “the instant guarantee certificate”) issued by the Korean National Bank (hereinafter “National Bank”) in order to guarantee the obligation to return advance payments when it fails to perform the shipbuilding contract. The instant vessel’s sales agent for the vessel that completed construction or the instant vessel construction contract itself is in charge of the sales of the structure of the instant vessel or the instant vessel construction contract.

) The instant investment trust held KRW 13.178 billion in the global route ship finance, KRW 1.0 billion in the global route ship finance, and KRW 2.0 billion in each of the investment trusts and held KRW 81.4% in the beneficiary certificates of the instant investment trust: 6.2%: 12.4% in the share of 13.4%.

The Plaintiff is an asset management company of the instant investment trust.

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