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(영문) 서울고등법원 2015.12.03 2015나2022555
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning stated in this part of the basic facts is as follows, except for the change of the part on the plaintiffs' subordinated bonds acquisition from the last 2nd to 3rd 16th eth eth eth eth eth eth eth son of the first eth eth eth eth son of the second eth eth eth eth eth eth eth eth eth eth

A. The Plaintiffs’ acquisition of subordinated bonds (1) A Co., Ltd. (hereinafter “A”) made an offer period from October 19, 2009 to October 21, 2009, and paid monthly interest of 8.5% per annum from November 22, 2009 to January 22, 2015. On January 22, 2015, the Plaintiffs publicly announced an offering of non-guaranteed convertible bonds (hereinafter “third subordinate bonds”) with the total face value of KRW 30 billion per annum on the condition that the principal shall be redeemed at once on January 22, 2015.

2 Attached Form 2

1. The Plaintiffs listed in the list Nos. 1 through 54 subscribed to purchase the third subordinate bonds during the above subscription period and allocated debt securities, and paid each acquisition price on October 22, 2009.

3) A shall pay the annual interest of 8.1% during the subscription period from April 12, 2010 to April 14, 2010, after each month from May 16, 2010 to July 16, 2015. On July 16, 2015, A shall pay 100% of the total face value of the 4th bearer non-guaranteed subordinated bonds (hereinafter “fourth bearer subordinated bonds”) with the total face value of KRW 30 billion in the face value of the 4th bearer non-guaranteed subordinated bonds (hereinafter “instant subordinated bonds”) on the condition that 10% of the total face value of the 4th bearer bonds shall be temporarily redeemed on July 16, 2015.

(4) Attached Form 4)

1. The Plaintiffs listed in the Nos. 55 through 69 of the list of Plaintiffs subscribed for the purchase of subordinate bonds of the above No. 4 during the above subscription period to distribute debt securities, and paid each acquisition price on April 16, 2010.

Plaintiff B (No. 56), C (No. 58), D (No. 60), and F (No. 66) purchased all subordinated bonds, but Plaintiff B purchased the subordinated bonds of this case directly in response to the invitation of Plaintiff B.

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