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1. The bankrupt who is the defendant A's lawsuit taking over the amount exceeding the amount confirmed below among the judgment of the first instance.
Reasons
1. The following facts are either in dispute between the parties, or are recognized by comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence 1-1 to 24, Gap evidence 2-5, Gap evidence 10, 23, 26, 45, Gap evidence 17-1 and 2:
A. A’s subordinate bonds issuance and plaintiffs’ subordinate bonds purchase 1) A(hereinafter “A”)
(1) On June 23, 2009, the first non-registered interest-based subordinated bonds (hereinafter referred to as “first subordinated bonds”) worth KRW 16 billion is equal to the 16 billion.
(2) On December 21, 2009, the second sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub
2) At the time of the issuance of the first subordinated bond, A issued “(1) 8/8 club” in the event “203 to 6 consecutive years, 2008 to 8/8 to 3 consecutive years,” “3 consecutive years,” “8/8 club” in the event both conditions are met, i.e., the equity capital ratio for dangerous assets according to the standards set by the Bank for International Settlements. - 8.13% and fixed and below 7.5% of credit ratio (as of December 2008), “2nd subordinated bond” in the “4 consecutive years, 8/8 club maintenance - BS ratio and below 8.73%, and 7.13% of credit ratio (as of June 2009).” At the time of the issuance of the second subordinated bond, A “2nd subordinated bond” in the “203 to July 2009,” “4 consecutive years, 8/8 club maintenance - BSS ratio, and 7.13% of credit ratio (as of June 2009).
3) In accordance with A’s internal guidelines, the employees in charge of sales of each subordinated bonds of this case emphasized that as of December 2008, the BISD equity capital ratio was 8.13% as of the end of 2008, and the credit ratio was 7.55% below fixed below 8.8%, which is the basis for the superior savings bank. On the other hand, they rejected the overdue rate (13.24%) the PF credit ratio (26.34%) the PF credit ratio (26.34%) and the overdue rate (9.72%, etc. until the customer informs him of it.
In addition, the savings bank that has achieved the black for six consecutive years is now going to the future.