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(영문) 서울중앙지방법원 2016.12.16 2015가합518466

손해배상(기)

Text

1. The Defendant: 103,151,257 won to Plaintiff A Co., Ltd.; and 21,306,555 won to Plaintiff D; and the Plaintiff A as to each of them.

Reasons

Based on the facts, the Defendant, including the issuance of the Defendant’s status and the K, L, and M’s corporate bonds, etc., was a financial investment business entity with the purpose of investment brokerage, etc. as stipulated in the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”), and was an affiliated company of the N Group, which is a business group comprised of K (hereinafter “K”), L Co., Ltd. (hereinafter “L”), L Co., Ltd., and M (hereinafter “M”), and was incorporated into an O’s affiliated company from June 11, 2014.

The term "K for the settlement plan" means a company bond granted by a non-guaranteed option holder of each credit rating BB on March 30, 2012, No. 256, May 4, 2012, No. 257, Jun. 7, 2012, No. 258, Jul. 4, 2012, No. 260, Sept. 26, 2012, No. 261, Oct. 29, 2012, which is entitled to claim early repayment of the principal and interest of the bonds to the issuing company if the bond holder of each credit rating BB claims the payment of the principal and interest of the bonds to the issuing company at any time within a specified period after the maturity date.

(hereinafter the same shall apply)

The bonds were issued on December 24, 2012, No. 263, Feb. 22, 2013, No. 264, May 6, 2013, No. 265, Jun. 19, 2013, No. 266, Jul. 17, 2013, No. 268, Aug. 28, 2013, by each credit rating BB0, respectively, by public offering.

The credit rating for Korean corporate assessment, the Korean credit rating, and the age credit rating for the K company bond was BB from January 1, 2008 to December 7, 2012. From December 7, 2012, B was demoted to BB from June 14, 2013, from September 11, 2013, BB-ro (Korean credit rating), and from September 11, 2013 to B (Korean corporate assessment, age credit information), B (Korean credit rating).

L on March 28, 2013 and April 29, 2013, respectively, issued the corporate bills of credit rating B (hereinafter “CP”), July 5, 2013, August 2, 2013, and August 12, 2013, respectively.

The credit assessment rating for the Korean Corporate Assessment and Age Credit Information LCP was around June 30, 2010, B around December 26, 2012, and it was demoted to B on December 26, 2012. The credit assessment rating for STB on April 22, 2013.