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(영문) 서울중앙지방법원 2016.09.29 2014가합33791
원상회복등
Text

1. All of the plaintiffs' claims against the primary defendant and the conjunctive defendants are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The plaintiffs' assertion

A. The primary defendant D Co., Ltd., a claim against the primary defendant, entered into a specified money trust contract with the plaintiffs as an asset incorporated into ABSB (short-term electronic bonds). The primary defendant, at the time of entering into a contract, was aware that the right to set aside against L Co., Ltd. under the above trust contract would be exercised in the rehabilitation procedure for the affiliates of M Co., Ltd. in the future, which was led by the primary defendant. This is that the primary defendant would lose the security right to the trust property in breach of his duty of due care and duty as a good manager

Therefore, the above-mentioned defendant must implement the procedure to provide the plaintiffs with the same collateral as the original collateral.

B. The conjunctive Defendants D Co., Ltd. sold a specified money trust product to the Plaintiffs by making a false entry in the detailed statement of the trust deed and the product description. The Plaintiffs, upon revocation of the relevant trust contract due to fraud, seek unjust enrichment return equivalent to the amount of the principal and interest of the investment due to restitution to the said preliminary Defendants D Co., Ltd and their directors, or seek compensation for damages equivalent to that amount.

2. In addition, there is no proof as to the legitimacy of the plaintiffs' arguments and the basic premise for the determination of restitution or damages, including whether the plaintiffs have entered into a specified money trust contract with the primary and conjunctive defendant D Co., Ltd., the amount of their investment, the amount of cash repayment up to the date, the number of stocks of M Co., Ltd. converted into investment according to the rehabilitation plan, and the timing of allocation to the plaintiffs, and there is no proof as to the matters that constitute the

Therefore, the plaintiffs are the primary defendants and the conjunctive defendants.

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