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(영문) 서울고등법원 2013.04.17 2012나44121
손해배상
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and that part shall be revoked by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant is a financial investment company aimed at providing financial investment services, such as trust business, and the plaintiff (Appointed Party) and its wife B are ordinary investors who entered into a specified money trust contract with the defendant as follows.

B. 1) The Plaintiff (Appointed Party) and the Selected Party B entered into a specified money trust contract with the Defendant’s employees of the Defendant’s C Branch D, and on October 8, 2010, the amount of money trusted by the Plaintiff (Appointed Party) and the Appointed Party B (hereinafter “LIG construction”) between the Defendant and the Defendant.

) Corporate commercial paper with a face value of 100,000,000 and maturity of 8 April 2011, issued by each of the corporate commercial paper (hereinafter referred to as “corporate commercial paper of this case”).

(2) A specified money trust agreement (hereinafter referred to as “instant trust agreement”) with the terms and conditions to be operated.

(2) On the same day, the amount of 96,289,252 won (an amount of 100,000,000 won) shall be the amount obtained by deducting the discount of commercial papers from the Defendant.

(2) According to the sales data (Evidence A) of the instant commercial papers, according to the trust agreement, from October 8, 2010 to April 8, 2011, the rate of return on the instant commercial papers is 8.40% per annum (7.40% after remuneration) and the beneficiaries of trust principal and trust interest are the Plaintiff (Appointed Party) and the designated parties B.

C. On March 21, 2011, the commencement of rehabilitation procedures for LIG construction (1) filed an application for commencement of rehabilitation procedures on March 21, 201 with the Seoul Central District Court 201 Gohap34, and the decision of commencement of rehabilitation procedures was rendered on April 1, 2011. (2) The decision of commencement of rehabilitation procedures was rendered on September 30, 2011. In the case of corporate note debts, 20% of the principal is converted into equity and 30% of the principal shall be repaid in cash, and the amount to be paid in cash shall be paid in nine (9) years from the second year (2013) through the first year (2012) and the 50% of the principal shall be substituted for the repayment of rehabilitation claims by issuing corporate bonds in the year 2011.

3) Plaintiff (Appointed Party B and Appointed Party B).

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