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(영문) 서울중앙지방법원 2016.01.20 2013가단309333
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties (the former was the “Dongyang Comprehensive Financial Securities Company,” but the former was changed to the “Dongyang Securities Company,” on December 1, 201, and the latter was changed to the “Yanyang Securities Company,” on October 1, 2014, is a financial investment business entity as provided by Article 8(1) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Plaintiff is an ordinary investor as provided by Article 9(6) of the Financial Investment Services and Capital Markets Act, which entered into a specified money trust agreement with the Defendant on the commercial paper issued by Han Il Construction (the listed company with the order of appraisal of performance capability in 2009; hereinafter “Korea Han Han Construction”).

B. 1) The Plaintiff entered into a specified money trust contract with the Defendant on February 11, 2010, upon the Defendant’s solicitation by the Defendant’s employees B, entrusted KRW 50 million to the Defendant not later than August 10, 2010, whose maturity is due, and the Defendant’s credit rating is “A30” for the issuance of Korea-Japan Construction Contract (hereinafter “instant corporate bills”).

(2) The beneficiary of trust principal and trust interest shall be a specified money trust agreement (hereinafter referred to as “instant trust agreement”) with the terms and conditions that the beneficiary shall be the Plaintiff.

2) On December 2009, the Korean Credit Assessment Co., Ltd. (hereinafter “Korean Credit Assessment Co., Ltd”) and the Korean Corporate Assessment Co., Ltd are assessed as “A3”.

Korea Credit Rating Rating is divided into Category A1, A2, A3, B, C, and D according to credit rating. From A1 to A3, the investment grade recognized as adequate repayment ability is an investment grade, B, and C are an speculation grade that can greatly affect the timely repayment ability according to environmental changes, and D means a state of impossibility of repayment.

In addition, from A2 to B, it shows the heat within the same grade in addition to the codes, and the commercial papers of this case belong to them.

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