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(영문) 서울고등법원 2012.12.14 2012나12360

상환원리금 등

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1. The judgment of the first instance is revoked, and all plaintiffs' claims are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On August 31, 2007, Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities”) issued “289 Korea Investment Securities Co., Ltd. 289 Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities Co., Ltd.”)’s stock-linked securities (hereinafter “instant stock-linked securities,” or “instant ES”) as a type of derivatives-combined securities, and the main contents indicated in the prospectus are as follows:

- The name of the good: The name of the Korean Investment Securities Section 289 - the underlying asset: Samsung Electronic Common Shares, the common bank of the Korean National Bank, was changed to the KB financing common shares following the issuance of the instant stock-linked securities, after the issuance of the instant stock-linked securities.

- Gross amount of issuance: 19.9 billion won - the initial base price: on August 30, 2007, each closing price of underlying assets (572,00 won in three-electronic common shares, and common shares 74,600 won in national banks): August 31, 2009 (as soon as two-year maturity and six-month maturity) - The maturity evaluation date: (i) the closing price of underlying assets on August 26, 2009 - the closing price of underlying assets on August 26, 2009 - the return structure (i) the automatic early maturity of 90% or less of the initial base price; (ii) the maturity of two underlying assets on the date of investment redemption (or 7.15% or more of the initial base price); (iii) the initial redemption price at least 15% of the initial redemption price on the date of investment redemption at least 8.3% of the initial redemption price on the date of investment redemption at least 25%).