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| TITLE | Supreme Court Decision 2014Da21250 Decided July 10, 2014¡¼Damages¡½ [full Text] |
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| Summary | |
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[1] When large-scale redemption claim is sought, and it is anticipated that the collective investment business entity¡¯s heavy disposal of collective investment property in the short term is likely to cause a sharp decline in the value of the collective investment property, thereby passing the loss from the earlier redeemers on to the remaining investors, whether the situation falls under one of the grounds for the postponement of redemption; and where it is anticipated that accepting such claim is likely to undermine equality amongst investors (affirmative) / The base period to determine whether there exists a reason to postpone redemption [2] In a case where, on the day that Company A (collective investment business entity) announced its plans to shut down its business in Korea, eight of the eleven institutional investors as the fund¡¯s beneficiaries claimed for redemption of investment securities worth approximately KRW 150 billion, accounting for 80% of the total assets of the fund, and where Company A decided to postpone redemption, the case holding that affirmed the judgment below which upheld Company A¡¯s postponement of redemption |
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