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(영문) 서울중앙지방법원 2015.04.10 2013가합6754
손해배상(기)
Text

1. Of the lawsuits in this case, the part of the plaintiffs' claims against the defendant New Accounting Corporation is dismissed.

2. The plaintiffs' defendant.

Reasons

1. Basic facts

A. The plaintiffs' subordinate bonds 1) A Co., Ltd. (hereinafter "A")

(1) On October 19, 2009, from October 21, 2009 to October 21, 2009, the subscription period of 8.5% interest per annum is paid monthly from November 22, 2009 to January 22, 2015, and on February 22, 2015, the subscription period was publicly announced three-time non-guaranteed non-guaranteed bonds of total face value of KRW 30 billion in total on condition that the principal is to be temporarily repaid at 10% on February 22, 2015. 2)

1. The Plaintiffs listed in the list Nos. 1 through 85 of the Plaintiff’s list subscribed for the purchase of the above subordinated bonds during the above subscription period to distribute debt securities, and paid the acquisition price on October 22, 2009.

3) A, with the subscription period from April 12, 2010 to April 14, 2010, paid each month the interest of 8.1% per annum from May 16, 2010 to July 16, 2015, and on July 16, 2015, A, on condition that a 100% of the total face value of the face value of the 4th Non-Guaranteed Non-Guaranteed Non-Guaranteed Bonds were publicly announced as 23.6 billion won in total on July 16, 2015.

1. The Plaintiffs listed in No. 86 or 118 of the Plaintiff’s list subscribed for the purchase of the above subordinate bonds during the above subscription period and allocated debt securities, and paid each acquisition price on April 16, 2010.

[Plaintiff B (S) 89), C (SP 93), D (SP 98), E (SP 101), and F (SP 115) purchased all subordinated bonds, and Plaintiff B purchased the subordinate bonds in response to A solicitation, but the purchase was not directly conducted in response to A solicitation, and thereafter purchased the subordinate bonds. hereinafter “instant subordinated bonds” without classifying the third and fourth subordinated bonds.

A's window dressing accounting and false financial statements 1) A's mutual savings banks have to keep and maintain an adequate level of bad debts allowance by classifying the asset soundness of loan claims on a regular basis (Article 22-2 (1) 2 of 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 Act No. 10175, Sep. 20, 201).

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