beta
Text
1.The judgment of the first instance shall be modified as follows:
Defendant KRW 3,255,479, and KRW 13,563,69 to Plaintiff B.
Reasons
1. Basic facts
A. The Defendant, on April 23, 2009, entered into a public offering subscription entrustment contract (hereinafter “instant contract”) as shown in the attached Table 1 with Daewoo Securities Co., Ltd. (hereinafter “Treatment Securities Co., Ltd.”) and issued the 10th Non-Guaranteed Bonds Co., Ltd. (hereinafter “instant bonds”) on May 11, 2009.
However, on January 6, 2010, the Defendant’s creditor banks, etc. commenced management procedures under the Corporate Restructuring Promotion Act (hereinafter “instant management procedures”) against the Defendant.
Accordingly, on January 7, 2010, a public announcement was made to the effect that “The grounds for the loss of term interest under Article 3-1(1)6 of the instant contract occurred with respect to the instant bonds upon the commencement of the instant management procedure.”
B. The instant bonds are registered and issued in accordance with Article 309(5) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) and Article 309(5) of the Registration of Bonds and Debentures Act and deposited and registered in the name of the Korea Securities Depository (hereinafter “Securities Depository”).
(1) Article 1-2(6), (15), and (1-4) of the instant contract. Plaintiff A and B opened each investor’s account in Dongyang Securities Co., Ltd. (hereinafter “Dongyang Securities Co., Ltd.”), Plaintiff C and the Plaintiff Co., Ltd. (hereinafter “new financial investment”) and traded securities, etc. listed on the securities market by means of an alternative entry in the account. As indicated in the attached Table 3, Plaintiff A, as indicated in the attached Table 3, is equivalent to KRW 100 million of the instant bonds on February 15, 201, Plaintiff B, from December 20, 201 to February 17, 2012, and KRW 500 million of the instant bonds from December 30, 201 to Plaintiff C, the amount equivalent to KRW 100 million of the instant bonds from January 30, 2012 to KRW 100,000 to December 16, 2012.