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(영문) 서울중앙지방법원 2013.11.21 2013가합41443
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of litigation incurred by participation shall be borne by the supplementary intervenor of the plaintiff.

Reasons

1. On July 4, 2005, the Plaintiffs were issued on July 4, 2005 by the Rehabilitation F Co., Ltd. (hereinafter “Rehabilitation F Co., Ltd”) through the Plaintiff’s Intervenor, and purchased non-registered interest-free bonds (hereinafter “instant corporate bonds”) 108, all of which are acquired by the Treatment Securities Co., Ltd..

The details of the transaction and the details of credit held by the current rehabilitation company (hereinafter “instant claim”) are as shown in the current status of the attached Table 1 holding account.

On June 25, 2010, the rehabilitation company received the C-Evaluation Grade for the construction business and filed an application for corporate restructuring with the Credit Union.

On August 12, 2010, each consigned Securities Company, including the Plaintiff’s Intervenor, requested for the identification of creditors of the company bonds of this case, and received a confirmation of holding from the Plaintiff’s Intervenor on August 2, 2010.

On September 27, 2010, a rehabilitation company exchanged a bond list and a memorandum of understanding with the bond ledger on September 27, 2010. On November 26, 2010, each entrusted securities company, including the Plaintiff’s Intervenor, requested each entrusted securities company, including the Plaintiff’s Intervenor, to submit a written consent of the creditors and received the written consent from the Plaintiff’s Intervenor around that time.

After that, on June 26, 2012, the rehabilitation company filed an application for commencing rehabilitation procedures (Seoul Central District Court 2012 Gohap116), and on July 3, 2012, the rehabilitation company was decided to commence rehabilitation procedures, and the defendant was appointed as the custodian of the rehabilitation company.

(hereinafter “instant rehabilitation procedure”). In addition, the reporting period for rehabilitation claims was set from July 25, 2012 to August 3, 2012.

The defendant did not send to the plaintiffs a notice of claim report in the course of sending it to the creditors of the rehabilitation company.

The Plaintiffs were unable to report their claims within the reporting period.

On November 1, 2012, the rehabilitation proposal is presented at the meeting of interested persons at the instant rehabilitation procedure.

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