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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the underlying facts may be acknowledged either in dispute between the parties or in the entry of Gap evidence 1 to 11, 18, 21, and Eul evidence 1 to 5 (including additional numbers) by integrating the whole purport of the pleadings.
Defendant A Co., Ltd. (hereinafter “Defendant A”) is a specialized asset management company, and decided to create a special asset investment trust in the form of investing in the development project of this case by acquiring the shares of D Commonpa Company (the representative: E; hereinafter “Dcom”) which is the executor of the business of the hotel development project of U.S. Pluxian (hereinafter “instant development project”), and around December 2007, the F Special Asset Investment Trust H1 and H2 (hereinafter “F 1 and H2”) were established, and raised an investment amount of KRW 18.5 billion. The Plaintiff entrusted the Plaintiff with the investment trust property of KRW 18.5 billion. Pursuant to Defendant A’s instruction, the Plaintiff acquired the shares of “100%” of “G Limited Co., Ltd., a domestic special purpose company in the Republic of Korea with the investment trust property,” and “G Limited acquired the shares of “H 15.10%” of “H1”, a special purpose company in the United States.
B. Defendant C (hereinafter “Defendant C”) is a special purpose company (SPC) established by Defendant A to invest funds in the instant development project, and Defendant B is an employee of Defendant A who was appointed as the representative of Defendant C around June 2008.
C. Defendant A decided to additionally establish a special asset investment trust of 32 billion won in order to invest in the development project of this case in early 2008. Defendant B, the vice head of the special asset investment team, through Defendant B, obtained the shares of Dcomer through Defendant C, a special purpose company in the United States, through the National Credit Union Federation of Korea. The F Special Asset Investment Trust H3 and H4 (hereinafter “F3 and 4”).