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(영문) 서울남부지방법원 2020.07.28 2015가합100434

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 13, 2006, the Plaintiff opened a consignment account with the Defendant, and on August 23, 2006, the Plaintiff issued C Co., Ltd. (hereinafter “C”) via the consignment account on July 4, 2005, and purchased KRW 500 million out of the non-registered bonds non-guaranteed bonds (hereinafter “instant corporate bonds”) which acquired KRW 50 billion, the total face value of face value of face value of face value of face value of D Co., Ltd. in over-the-counter trading.

B. C did not issue the bond certificate of the instant corporate bonds, and the Defendant stated it as the depositor in the Korea Securities Depository by using the bond registration system. The Plaintiff, an actual investor, was recorded as the bond holder in the Defendant’s account book.

C. 1) On June 25, 2010, C was granted a full-time evaluation class C in construction business and applied for corporate restructuring to the bond group. 2) C had the bond group exchanged with a certificate of understanding on September 27, 2010 through the due diligence of the bond group. Pursuant to the above certificate of understanding, C requested each entrusted securities company including the Defendant to submit a written consent of the creditors, and around that time, submitted each written consent from the Defendant’s creditors.

Around November 4, 2010, C entered into an agreement to change the terms of repayment to make installment payments from July 4, 2010 to July 4, 2012, among the institutions holding corporate bonds of this case, the E and FF associations, and the maturity were changed from July 4, 2010 to July 4, 201. On May 17, 2011, C agreed to adjust the amount of installment payments with the above bonds institutions and to change the repayment terms from 7.5% to 8%, and on August 10, 2011, C requested the creditors to adjust the schedule of repayment of principal and interest pursuant to the delay in repayment of corporate bonds of this case.

3 The Plaintiff repaid KRW 75 million out of the principal amount of the Plaintiff’s corporate bonds of this case to the Plaintiff. D.

C On June 26, 2012, upon filing an application for commencing rehabilitation procedures with the Seoul Central District Court on July 3, 2012, G is the representative director of C at the time of commencement of rehabilitation procedures.