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(영문) 서울중앙지방법원 2015.01.30 2012가합517875

손해배상(기)

Text

1. The plaintiff C was 32,440,00 won, the plaintiff M was 20,040,000 won, and the plaintiff was 20,040,000 won.

Reasons

1. Basic facts

A. On June 19, 2009, the instant savings bank issued subordinated bonds (hereinafter “instant subordinated bonds”) with the term “type: non-guaranteed subordinated bonds, total face value of KRW 20 billion, annual interest rate of KRW 8.50%, and maturity of redemption on July 19, 2014” (hereinafter “instant subordinated bonds”).

B. The registration statement of subordinated bonds of this case prepared and announced by the savings bank on June 5, 2009, and the investment prospectus of this case were accompanied by the audit report of each of the financial statements of this case and the audit report of the 37th period (from July 1, 2006 to June 30, 2007), 38 (from July 1, 2007 to June 30, 2008) and the 39th quarter (from March 1, 2008 to March 31, 2009) of the 39th quarter ( from July 1, 2008 to March 31, 2009). The ratio of equity capital in the above registration statement is set forth in the following table.

C. Around June 19, 2009, the Plaintiffs acquired the subordinated bonds of this case in the issuance market, and the face value of the bonds they acquired is as stated in the “(C) purchase principal” column in the attached Table of the reported amount of bankruptcy claims.

On September 18, 2011, the savings bank of this case was designated as insolvent financial institutions and was decided to suspend its business on the grounds that the BISD equity capital ratio as of the end of June 201 was -0.63% and the liquidity shortage is likely to occur. Since its financial status was not improved thereafter, it was declared bankrupt by the Seoul Central District Court 201Hahap98 on September 7, 2012.

The defendant was appointed as trustee in bankruptcy of the savings bank of this case.

E. The Plaintiffs reported as bankruptcy claims the acquisition value of each of the instant subordinated bonds acquired in the bankruptcy proceedings of the instant savings bank, and the amount equivalent to interest from June 19, 2009 to September 6, 2012 (=the amount stated in the “(e) Bankruptcy Claim Report” column in the attached Table 1).

F. The rest of the plaintiffs except the plaintiffs C, M, and H are damages incurred by the acquisition of subordinated bonds of this case against the savings bank and the bankruptcy of the savings bank of this case.