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(영문) 서울남부지방법원 2011.12.09 2011가합13570
손해배상 등
Text

1. The defendant for 1,20,000 won against the plaintiff A, 60,000 won against the plaintiff B, and each of them from August 19, 2011.

Reasons

1. Basic facts

A. 1) The Defendant is a company that aims at a financial investment business, such as trust business. 2) The Plaintiffs are investors of the Defendant.

B. Each of the instant trust contracts 1) C on behalf of the Plaintiff A at the recommendation of the head of Defendant D Branch E on October 15, 2010, with respect to the money trusted by the Plaintiff and the Defendant, ELA Construction Co., Ltd. (hereinafter “LIG Construction”).

) Corporate commercial paper with face value of 200,000,000 won and maturity of 15 April 2011 (hereinafter referred to as “corporate commercial paper of this case”).

(2) On November 12, 2010, upon the recommendation of the head of Defendant D Branch E branch, C entered into a specified money trust agreement with the Defendant to operate the money trusted by the Plaintiff B in corporate commercial paper (hereinafter “each of the above two contracts”) with a maturity of KRW 100,000,000 on behalf of the Plaintiff B, and paid KRW 100,00,000 to the Defendant on May 13, 201.

3) According to each of the instant trust contracts, the trust period is from the date of each contract to the date of each maturity, the return rate is 8.4% per annum, and the beneficiaries of trust principal and trust interest are the Plaintiffs. (c) On March 21, 2011, the commencement of the rehabilitation procedure for the construction of LIG was applied for the commencement of rehabilitation procedure for the construction of LIG to the Seoul Central District Court 201 Gohap34, and the decision to commence rehabilitation procedure was made on April 1, 2011.

2) On May 27, 2011, the Defendant notified the Plaintiffs that each of the instant corporate bills was prohibited from being repaid from the construction of LIG according to the order of commencement of the rehabilitation procedure, and that the payment of maturity principal and interest to the Plaintiffs would be postponed until the time when the rehabilitation plan was approved in the rehabilitation procedure. 3) On the other hand, on September 30, 201, the Defendant issued a ruling of authorization for the rehabilitation plan of LIG construction. The principal is related to the debt of the corporate bills.

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