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(영문) 서울고등법원 2015.05.28 2014나2022749
손해배상(기)
Text

1. The part against Defendant G in the judgment of the first instance is modified as follows:

Defendant G is the co-defendant A, B. of the first instance trial.

Reasons

1. Of the judgment of the court of first instance, the Plaintiffs listed in the separate list No. 2 of the Plaintiff’s Schedule No. 2 filed an appeal against the part against Defendant H Accounting Firm, the Financial Supervisory Service, and the Republic of Korea, and Defendant G appealed appealed against the part against Defendant G in the judgment of the court of first instance. As such, the scope of the judgment of this court is limited to Defendant H Accounting Firm, the Financial Supervisory Service, and the part against the Republic of Korea in the judgment of the first instance.

2. Basic facts

A. K Savings Bank’s issuance of each of the instant subordinate bonds and the plaintiffs’ subordinate bonds 1) K Savings Bank’s first non-registered subordinated bonds worth 16 billion won in total on June 23, 2009 (hereinafter “first subordinated bonds”)

(2) On December 21, 2009, the second subordinate bonds with interest rate of KRW 9.5 billion in total (hereinafter “second subordinate bonds”) were subordinate bonds with interest rate of KRW 9.5 billion (hereinafter “second subordinate bonds”) and the above subordinate bonds are “each subordinate bonds of this case”.

2) At the time of issuance of the first subordinated bonds, K Savings Bank advertiseded “the achievement of black net income for each consecutive year from 2003 to 6 consecutive years,” “3 consecutive years, 8/8-BS ratio, 8.13%, and 7.55% of the fixed and fixed credit ratio (as of December 2008),” “the achievement of black net income for each consecutive year from 2003 to 7 consecutive years, 2009”, “the achievement of black net income for each consecutive year from 2003 to 2009,” and “the maintenance of 8/8 clubs and 8.73% of the fixed and fixed credit ratio (as of June 2009)”.

In addition, the employees in charge of sales of subordinated bonds are so-called "8/8 club" if they meet both the 8.13% equity capital ratio as of the end of December 2008 and the 7.55% equity capital ratio, which is the basis of the superior savings bank, above 8/8 club BS ratio, and below 8% equity capital ratio, and below 8% equity, in accordance with the internal guidelines of the K Savings Bank to customers who request to inform the major indexes of the K Savings Bank.

On the other hand, the overdue interest rate (13.24%) is emphasized.

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