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(영문) 부산지방법원 2019.12.12 2019나45715
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Defendant (formerly: C Co., Ltd.) is a financial investment business entity whose purpose is to engage in investment brokerage business, etc. as prescribed by the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

B. On February 11, 2010, the Plaintiff entered into a specified money trust agreement (hereinafter “the instant trust agreement”) with the Defendant, stating “the trust amount of KRW 25,000,000,00, and the trust agreement period from February 11, 2010 to August 10, 2010, the Plaintiff entered into a specified money trust agreement (hereinafter “the Plaintiff”) with the beneficiary of the trust principal and trust interest, and the Plaintiff ordered the management of the trust property with the following content under the said trust agreement:

The Defendant purchased commercial papers (CP; hereinafter “CP”) issued by D(hereinafter “D”) with trust money in accordance with such management instruction. The Defendant purchased commercial papers (hereinafter “CP”) of this case.

Trust Fund Operation Methods: CPs, term deposits, CMA, MMA, MFA, and the details of the instructions on the operation of the issued bills: 100% of the remaining amount of investment possible under the DCP (credit Rating A30/China risk): the deposit, CMA, MDA, MFA, and the issued bills.

C. D around June 25, 2010, was classified as the recipient of the workout program from the main creditor bank. As the joint management proceeding of creditor banks under the former Corporate Restructuring Promotion Act was initiated, D’s claim for reimbursement of corporate bills issued by D was postponed.

After that, D applied for the commencement of rehabilitation procedures as Seoul Central District Court 2013 Ma34, and the rehabilitation plan was approved on June 28, 2013, stating that “78% of the amount of claims for rehabilitation claims such as the instant commercial papers is combined at the ratio of 20th and 1th and that “the remaining 22% of the amount of claims shall be repaid in cash for 10 years” in the rehabilitation procedure commenced thereafter.

E. The revised rehabilitation plan was approved as of November 4, 2014 in the rehabilitation procedure with D, and according to the above revised rehabilitation plan and the revised rehabilitation plan, the Defendant is entitled to KRW 56,652 on December 30, 2014, KRW 13,304 on December 30, 2015, KRW 113,304 on December 30, 2015, KRW 304 on December 30, 2016, and KRW 475,480 on October 19, 2017.

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