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(영문) 서울중앙지방법원 2015.09.17 2014가합35766

회생채권조사확정재판에 대한 이의

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1. The Seoul Central District Court's final claim inspection judgment 2013 Ma2661 and 2014 Mada487, dated May 30, 2014, respectively.

Reasons

1. Basic facts

A. The debtor is a company for the purpose of the business related to software development and related services and is one of the affiliates of the G Group, which is a business group comprised of C (the "stock company" is omitted; hereinafter the same shall apply), D, E, F, etc.

H, I, J, K, L, M, and N’s respective positions and terms of office are as follows:

The chairperson of H Group 1 H Group in the above tenure of office from June 10 to December 3, 2013, the 2 ID representative director from June 10, 2013 to December 3, 2013, from January 4, 2013 to September 30, 2013, the representative director of the K debtor representative director from July 2, 2012 to October 5, 2013, the head of L Group Strategy and Planning Headquarters from February 14, 2013 to June 30, 2013. < Amended by Presidential Decree No. 24447, Mar. 14, 2013 to June 30, 2013; Presidential Decree No. 24577, May 7, 2013>

The Plaintiffs are those who purchase corporate bonds such as E and F’s corporate bills (CP) or electronic short-term bonds (CPB), etc. (hereinafter “CP, etc.”).

C. On January 28, 2014, the prosecutor indicted H, I, J, L, M, and N (hereinafter “H”) as the facts charged, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud, and K was not prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) or fraud.

On October 17, 2014, the court of the first instance lost the ability to repay the loan due to chronic poorness and lost the ability to repay the loan, and is a joint life phase dependent on the normal and illegal financial support between the issuance of tea such as D through D and affiliated companies, and the normal and illegal financial support between affiliated companies.

Nevertheless, H et al.: (a) each of them conspireds with F, E, and C’s CP, etc. sold through D, and through objective verification of D, a financial investment business entity with the duty of adequate disclosure of the issuing company, credit assessment, and customer protection under laws and regulations, and (b) misleads individual investors and sells CPs, etc., as if these CPs were settled at maturity.