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(영문) 서울중앙지방법원 2014.06.20 2012가합517493
손해배상(기)
Text

1. The plaintiff's bankruptcy claim against B against the debtor company shall be confirmed to be KRW 704,138,187;

2. The plaintiff's debtor.

Reasons

1. Basic facts

A. On June 12, 2009, B Co., Ltd. (hereinafter “B”) issued the instant subordinated bonds (hereinafter “instant subordinated bonds”) which amounting to KRW 40 billion, issue amount of KRW 40 billion, annual interest rate of KRW 8.50 per annum (1-month interest rate), and the maturity date of August 12, 2014.

B. On June 9, 2009, the Plaintiff, via a stock company A (hereinafter “A”), which supported the subscription for the instant subordinated bonds, prepared a junior bonds subscription form (A No. 1. 1.583 billion won for the instant subordinated bonds) and submitted it to B, and paid KRW 1.583 billion for the subscription deposit.

On June 12, 2009, the Plaintiff acquired the instant subordinated bonds worth KRW 1.583 billion according to the above subscription form.

C. On September 18, 2011, the Financial Services Commission designated B as an insolvent financial institution and ordered the suspension of business between six months, but the said savings bank’s financial status was not improved. Ultimately, B was declared bankrupt on August 31, 2012 and the Defendant was appointed as a trustee in bankruptcy of the said savings bank.

On the other hand, A was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap55, and the defendant was appointed as trustee in bankruptcy of the above savings bank.

E. On June 7, 2012, the Plaintiff filed the instant lawsuit against B and A seeking compensation for damages arising from the acquisition of the instant subordinated claim, but each of the above savings banks was declared bankrupt, and each of the above savings banks filed a report on KRW 1,723,778,704 with the damages claim arising from the acquisition of the instant subordinated claim in each of the pertinent bankruptcy courts.

The Defendant, a trustee in bankruptcy, has raised an objection to each of the above reports, and the Plaintiff changed the lawsuit against the Defendant on January 10, 2013, on September 16, 2013, to seek confirmation of each of the above reported claims against the Defendant and seek confirmation of each bankruptcy claim against the Defendant.

[Evidence] No dispute is raised.

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