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(영문) 대구지방법원 2014.07.08 2013가단24143
손해배상(기)
Text

1. The Defendant’s KRW 6,552,354 as well as 5% per annum from May 22, 2013 to July 8, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2006, the Plaintiff is a vessel fund (hereinafter “instant fund”) sold by the Defendant at the location of the Defendant’s Daegu City on December 6, 2006 at the point of the Defendant’s Daegu City.

2) A ship investment company (hereinafter “instant ship investment company”) established in accordance with the Ship Investment Company Act by joining the ship investment company.

2) The Defendant (a securities company, which had been entrusted with sale at the time of the subscription sale of shares by the instant ship investment company, is a securities company that received 50% total amount of shares subject to sale for the purpose of acquiring shares from institutional investors and ordinary investors in the position of the joint-managing company and the total amount of shares to be sold by the joint-managing company (hereinafter “joint-managing company”) and allocated shares to the subscribers by public offering.

(1) The Defendant: (a) was in charge of the public offering of shares by the ship investment company of this case at the time of the public offering of shares by the shipping company of this case; (b) Korea Pacific05 was somewhat different from the ship fund of this case; and (c) the explanation thereof is irrelevant to this case.

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”)

A) A corporation is established for the purpose of investing its assets in a ship and distributing profits therefrom to its shareholders (Article 2 subparag. 1 and Art. 3(1) of the Act). The investment structure under the above Act is established with the funds collected from investors, building a ship with its capital and borrowings, and then repaying the principal and interest of the borrowed money after concluding a charter contract with the charterer on the ship in question with the charterer in exchange for hire payment, and then distributing the remainder to investors (the so-called so-called “ship investment company”).

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