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(영문) 서울고등법원 2015.01.15 2013나2028443
근저당권말소
Text

1. Upon the plaintiff's preliminary claim added at the trial, the defendant received KRW 1,000,000 from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor’s status as a party, etc. (hereinafter “ Intervenor”) is an employee of Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities”), who was in charge of managing customer assets at the PB Center, and the Plaintiff is the Intervenor.

From September 2001, the defendant has invested the defendant's funds in securities, funds, etc. through the intervenor as the customer of the intervenor.

B. The Defendant’s investment in the fund of this case 1) on December 3, 2002, the Defendant sold Korean investment securities at the Intervenor’s recommendation, and Korea Investment Trust Operation Co., Ltd. (hereinafter “Korea Investment Trust Operation”).

) “TAmmmms BS stocks mixed investment trust A-1 beneficiary certificates account (hereinafter “instant fund”) as a private equity fund managed by the Fund.

(2) On July 9, 2003, the investors of the instant fund redeemed all beneficiary certificates of the instant fund on the part of the investors of the instant fund, other than the Defendant, and thereafter, the instant fund was operated as one-person fund, the investors of which are only the Defendant.

The Intervenor, from July 2003, in consultation with the Defendant, decided in advance the items, quantity, and amount of the shares and bonds to be purchased from the fund of this case, and then notified the fund manager of the Korea Investment Trust Operation of such decision and made it possible for the Fund manager to trade the items.

C. When the Intervenor incurred loss to the Defendant in the course of issuing the Promissory Notes and managing the instant collective security right against the Defendant, the Defendant raised an issue as to the manner of managing the instant fund or the return on profit and loss, etc. by the Intervenor, and the Intervenor was owned by the Intervenor on September 16, 2004 as the collateral for compensating for the loss of the instant fund.

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