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(영문) 서울중앙지방법원 2016.09.30 2015가합534833
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in credit business. (2) Defendant B is an attorney-at-law, and was a member of Defendant B’s tax payer (hereinafter “Defendant corporation”) by February 2014.

B. Nonparty C and D’s money lending, etc. 1) E established G private equity fund to take over the Korean land trust with Nonparty F around 2007. E was changed to H Co., Ltd. (hereinafter “I”).

hereinafter referred to as “H”).

) and J Co., Ltd. (hereinafter referred to as “J”).

A) A company established G Private Equity Fund and invested in the name of the said company in G Private Equity Fund, and issued an investment certificate of 10 billion won for investors H, 10 billion investment amount, and J, 5.88 billion investment amount. (2) C, D, on July 22, 2010, lent KRW 80 million to E with the due date set as August 22, 2010. However, E provided as security an investment certificate of 10 billion investment amount of investors H and 10 billion investment amount.

3) By August 22, 2010, E was unable to repay loans by the due date, and upon C’s request around September 2010, E provided an investment certificate in addition to the investors J, J, the amount of investment of 5.8 billion won (the above 2) and each of the investment certificates in paragraphs (2) and (3) as security (the “each of the instant investment certificates”).

[4] However, E had already provided the right to the investment certificate under the name of H and J as a security to a financial institution, and had not obtained the consent of the general partner of G Private Equity Fund in offering it as a security. Accordingly, each of the instant investment certificates was limited not only to the value of actual security but also to the part of the original copy, not to the original copy.

5) In addition, E’s employees written confirmation of August 31, 2010 to the effect that “each of the instant investment certificates is the original” to Nonparty K, who was carried by C with the bond-related document maker, via his/her employees, shall be deemed to be the original document.”

Then, the following reference was drawn up.

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