beta
Text
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. Basic facts
A. Before the enactment by Act No. 8635 of Aug. 3, 2007 and the repeal by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act, which was established for the operation of the PC investment trust (hereinafter referred to as the “PCA investment trust”) by PPC, etc., of the former Indirect Investment Asset Management Business Act, was made effective February 4, 2009
c. The term “indirect Investment Act” means:
(1) as an asset management company in the pA Hypan Span Island derivatives investment trust (hereinafter referred to as “instant first trust”)
) The P-3 of the Derivatives Investment Trust Act (hereinafter “instant 2 Trust”) and the P-1 of the P-2 of the P-3 of the P-2 of the P-2 of the P-2 of the P-2 of the P-2 of the P-3 Trust.
2) The Korea Development Bank (hereinafter referred to as the “Korea Development Bank”) issued the beneficiary certificates; and
(2) On the other hand, on April 16, 2007, the Defendant introduced the first trust of this case from the Plaintiff, an employee of the said branch, and purchased the first trust of this case in an amount of KRW 297,029,703 [the KRW 300 million (297,029,703 x 1.01, and less than KRW 1.01)]. The Defendant purchased the first trust beneficiary certificates of this case in an amount of KRW 300 million (the KRW 297,029,703 x less than KRW 1.01, and less than KRW 1.03). The Defendant’s husband’s wife D (the death of July 13, 2009) (hereinafter “the deceased”).
) Upon introduction of the second trust from the Plaintiff, the Plaintiff purchased the beneficiary certificates of the second trust of this case as well as KRW 247,524,753 [250,000 won (247,524,753 won x 1.01, and less than KRW 1.01] when adding 1% prior to taking sales commission.
C. Around October 2007, the Defendant and the Deceased protested against the Plaintiff as the assessed value of the instant trust beneficiary certificates fell below the purchase price. Accordingly, on October 22, 2007, the Plaintiff asserted against the Defendant and the Deceased the instant trust beneficiary certificates.