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(영문) 서울중앙지방법원 2015.12.22 2012가합542475
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. W (hereinafter “W”) is a financial institution established under the Mutual Savings Banks Act and mainly engaged in the receipt of deposits and installment savings, the lending of funds, etc., and Defendant V accounting corporation entered into a external audit agreement with W and prepared an audit report at 26 and 27. Defendant FSC is a non-capital special corporation established under the Act on the Establishment, etc. of Financial Services Commission to carry out the duties of inspection and supervision of financial institutions under the direction and supervision of the Financial Services Commission or the Securities Futures Commission. The Plaintiffs are subordinated bonds purchased by W.

B. W’s subordinated bonds issuance and acceptance (1) 2nd subordinated bonds (A) issued W’s 40 billion won total face value and issue value, 8.50% of the face value and issue value, 8.50% of the subscription date, from June 8, 2009 to May 10, 2009, the due date for payment is June 12, 2009, and the due date for redemption is as W 2nd subordinated bonds in bearer form (hereinafter “second subordinated bonds”) as of August 12, 2014.

(B) W submitted to the Financial Services Commission on May 22, 2009 (based on the date of correction, the investment prospectus was submitted on May 27, 2009), the registration statement and the investment prospectus related to the second subordinated claim are accompanied by W representative director X, Y’s confirmation certificate, the 26th quarter 3rd quarter 208 from July 1, 2008 to March 31, 2009 (the 26th quarter financial statements prepared by Defendant V Accounting Corporation, an external auditor, submitted an audit report. However, according to the respective statements in subparagraphs 56-3 and 4, Defendant V-accounting prepared and submitted a review report.).

(2) 30 billion won in total face value and issue value of the third subordinated bonds, 8.40% in total face value and issue value, 8.40% in total face value and issue value, the date of subscription from November 2, 2009 to November 4, 2009, the due date of payment on November 6, 2009, and the due date of redemption on January 6, 2015.

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