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(영문) 서울고등법원 2015.11.06 2015나14190 (1)
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against Defendant Jinjin Asset Management Co., Ltd. in the judgment is modified as follows:

Defendant.

Reasons

1. Objects to be tried on the political party after remand;

A. The Plaintiffs filed a claim for damages against the Defendants on the grounds of violation of the duty to explain and the duty to protect investors, and the first instance court partly accepted the Plaintiffs’ claim against the Defendant Jinjin Asset Management Co., Ltd. (Seoul Asset Management Co., Ltd., Ltd., Ltd., on December 26, 2007, to the present trade name; hereinafter “Defendant Jinjin Asset Management”), and dismissed the Plaintiffs’ claim against the Defendant Han Han Investment Securities Co., Ltd., Ltd. (hereinafter “Korea Green Securities Co., Ltd., Ltd.”) on September 4, 2012 to the present trade name.

B. The Plaintiffs and Defendant Jinjin Asset Management filed an appeal against the judgment of the first instance court (the Plaintiffs’ claim was reduced in the first instance prior to the transfer), and Defendant Jinjin Asset Management filed an application against the Plaintiffs for the return of provisional payments. The judgment prior to the remand, the lower court partly accepted the Plaintiffs’ appeal against the Plaintiff’s investment securities, the appeal against Defendant Jinjin Asset Management and the application for the return of provisional payments.

C. The plaintiffs and the defendants filed each appeal against the judgment of the court prior to remand. The court of final appeal reversed the part of the plaintiffs' claim against the defendant Yu Jin Asset Management and the part of the plaintiffs' lost against the defendant Han Jin Asset Management among the judgment of the court prior to remand, and dismissed the appeal against the defendant Han Jin Investment Securities.

Therefore, since the part against the plaintiffs in the judgment of the court prior to remand against the judgment against the defendant in the judgment against the judgment against the judgment against the judgment against the judgment against the judgment against the court, the judgment after the remand is limited to the reversed part and the application for the return of the provisional payment of the defendant in the judgment

2. Basic facts

A. The parties’ status as the parties is as follows: (a) the Defendant UD Asset Management Act was enacted by Act No. 8635 of Aug. 3, 2007 and enforced on February 4, 2009; and (b) Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act, which was established for the purpose of managing the assets of the indirect investment fund.

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