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(영문) 서울중앙지방법원 2016.09.06 2014가합5727
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. The plaintiffs' subordinated bonds 1) D Co., Ltd. (hereinafter "D")

(3) The term of subscription is from October 19, 2009 to October 21, 2009, the total face value of which is KRW 30 billion per annum, 8.5% per annum, and the third non-guaranteed subordinated bonds with non-guaranteed interest coupon (hereinafter referred to as “third-class subordinated bonds”) with maturity as of January 22, 2015.

2) The Plaintiff C subscribed for the purchase of subordinate bonds during the above subscription period to distribute debt securities, and paid 30,000,000 won for acquisition.

3) D’s subscription period from April 12, 2010 to April 14, 2010 is 30 billion won in total face value, interest rate of 8.1% per annum, and the fourth bearer non-guaranteed subordinated bonds with maturity of July 16, 2015 (hereinafter “fourth-class subordinated bonds”) with non-guaranteed bonds with maturity of 30 billion won in total face value, 8.1% per annum, and 4th subordinated bonds with maturity of 30/4.

(4) The Plaintiff A and B subscribed for the purchase of the 4th subordinated bonds during the said subscription period to distribute debt securities to others, and paid 100,000,000 won for each of them.

B. D’s window dressing accounts and false financial statements 1) A mutual savings bank has to classify the asset soundness of loan claims into and maintain an adequate level of bad debt allowances. A mutual savings bank separates the former Mutual Savings Banks Act (amended by Act No. 10175, Mar. 22, 2010); Article 22-2(1)2 of the former Mutual Savings Banks Act (amended by Presidential Decree No. 22401, Sept. 20, 201); Article 11-3(2) of the former Enforcement Decree of the Mutual Savings Banks Act (amended by Presidential Decree No. 22401, Sept. 20, 201); Article 36(1)1 of the former Mutual Savings Banks Business Supervision Regulations (amended by Act No. 2011-21, Nov. 21, 201); the asset soundness is classified into “normal,” “normal,” “specific,” “resumed,” “resumed losses, and five stages of losses” based on the borrower’s total claims.

B. Among the asset soundness classification for the above loan claims, ① "normal" is the details of financial transactions.

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