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(영문) 서울중앙지방법원 2014.05.09 2011가합131885 (1)
손해배상(기)
Text

1. The plaintiff's bankruptcy claims against the bankrupt mutual savings banks, Franchis, Inc., are KRW 108,870,000.

Reasons

1. Basic facts

A. On June 25, 2010, FD Mutual Savings Banks issued subordinate bonds (hereinafter “instant subordinate bonds”) stipulated “the issues: the third non-guaranteed subordinated bonds, issue amount of KRW 15 billion, annual interest rate of KRW 7.95 per annum (payment of interest on each month), and July 25, 2015 due date.”

B. From August 13, 2008, the Plaintiff owned the principal deposit claim of KRW 200 million at the credit branch of the Flaman Mutual Savings Bank.

On June 23, 2010, the representative director B of the Plaintiff withdrawn KRW 207,191,326, which was deposited in the above account after cancelling the above deposit account and withdrawing it, and among them, he prepared a subordinated bond subscription form with the purport that he will accept KRW 200,000,000,000, which is KRW 200,000.

On June 25, 2010, the Plaintiff acquired the instant subordinated bonds worth KRW 200 million in accordance with the above subscription form.

C. On September 18, 2011, the Financial Services Commission: (a) designated an insolvent financial institution on the grounds that its liabilities exceed 48.9 billion won on the basis of the end of July 2011; and (b) ordered business suspension, etc. from September 18, 201 to March 17, 2012.

Since then, the Seoul Central District Court rendered a petition for bankruptcy on August 10, 2012 with respect to the said mutual savings bank (2012Hahap97), and on September 7, 2012, the bankruptcy was declared on September 7, 2012, and the Defendant was appointed as a trustee in bankruptcy of the said mutual savings bank.

E. On December 12, 2011, the Plaintiff filed the instant lawsuit against Down Mutual Savings Bank seeking reimbursement of KRW 200 million for the acquisition price of the instant subordinated bonds and damages for delay thereof. Upon the bankruptcy of the said Savings Bank, the Plaintiff reported KRW 264,753,425 to the bankruptcy court as bankruptcy claim in the damages claim corresponding to the purchase price and interest of the instant subordinated bonds. The Defendant, the bankruptcy trustee, raised an objection against the total amount at the first claim inspection date, and on May 15, 2013, the Plaintiff filed an objection against the first claim inspection date.

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