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(영문) 서울중앙지방법원 2014.05.02 2013가합56445
손해배상(기)
Text

1. The Defendant: 3,655,041 won to Plaintiff A; 22,342,653 won to Plaintiff B; 55,093,770 won to Plaintiff C; and 4,142 to Plaintiff D.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties to the case. The Plaintiffs are the Korean Ship Investment Company (hereinafter “Korea Ship Investment Company”) established under the Ship Investment Company Act (hereinafter “Korea Ship Investment Company Act”).

) Korea and Korea Pacific 06 Ship Investment Company (hereinafter “Korea Pacific 06”) are “each of the instant ship investment companies” in combination with Korea Pacific 05.

2) The Defendant (a securities company, which had been entrusted with sale at the time of each subscription sale of shares by each of the instant ship investment companies, is an individual investor who acquired each of the shares. (2) The Defendant (a securities company, etc., which had been entrusted with the sale at each of the instant securities companies, and a securities company, which received 50% total amount of shares, for the purpose of acquiring shares from institutional investors and ordinary investors, with the status of a joint-managing company and a joint-managing company, and allocated each of the shares to the subscribers by public offering.

B. 1) The term "ship investment company" means a ship investment company (in this case, before it was amended by Act No. 8223, Jan. 3, 2007).

The Act (hereinafter referred to as “Act”)

(2) The term “ship management company” is a company established for the purpose of investing its assets in a ship and distributing profits therefrom to its shareholders (Article 2 subparag. 1 and Article 3(1) of the Act). The investment structure under the aforementioned Act is a company established with the aim of establishing a “ship investment company” with the funds gathered from investors, building a ship with its capital and borrowings, and repaying the principal and interest of a loan with a charter party on the relevant ship after concluding a charter contract with a charterer and paying charterage, and then distributing the remainder to investors (so-called “trust-type fund” is distinguishable from so-called “trust-type fund”). The “ship management company” is a company that actually manages its assets such as a ship upon entrustment by a ship investment company, and the “asset custody company” shall keep and keep its assets upon entrustment by a ship investment company.

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