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(영문) 서울고등법원 2012.12.14 2010나71761

상환금

Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims against the revoked part shall be filed.

Reasons

1. Basic facts

A. The parties concerned refer to the “CS ESSSS securities public offering refers to the stock-linked securities. As a kind of structural securities based on the underlying asset of an ordinary index, bonds, stocks, etc., investment profits are determined based on the price of specific stock certificates or a change in the stock price index. The parties concerned are securities companies that issued the instant stock exchange-linked securities (hereinafter “instant stock exchange-linked securities”). The Plaintiffs are investors who purchased the instant stock exchange-linked securities issued by the Defendant.

B. On March 15, 2005, Plaintiff A purchased 42,000 shares of the instant stock-linked securities (the par value of 10,000 won per one sheet; hereinafter the same shall apply) from the Defendant for KRW 420,000,00, and Plaintiff B purchased 7,000 shares of the instant stock-linked securities from the Defendant for KRW 70,00,000 on the same day.

C. The major contents 1) issue value of the instant stock-linked securities: The date of redemption before the base price is determined on March 16, 2005: The date of redemption before the base price: March 16, 2005: the date following the date of interim evaluation; the date of interim evaluation; the date of interim evaluation of the following 0 months; the date of interim evaluation if the relevant date is not the exchange business; the date of interim evaluation of the following 1: July 18, 2005; November 16, 2005; and 2: the date of interim evaluation of the relevant date of interim evaluation: the date of interim evaluation; the date of interim evaluation of the relevant date of interim evaluation; and the date of interim evaluation of Samsung 1:6 months: the date of interim evaluation on March 16, 2005; and 3: the date of interim evaluation on March 16, 2006; and the date of interim evaluation on March 16, 2006; 1:6.

4 Month: July 20, 2005; 8 months: November 18, 2005; 12 months: March 20, 2006; 16 months: July 20, 2006; 20 months: Nov. 20, 2006;