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(영문) 서울고등법원 2015.05.21 2014나2017143
보험금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. (1) The defendant is a special corporation established to efficiently administer the deposit insurance system pursuant to Article 3 of the Depositor Protection Act.

(2) Attached Form

2. Each mutual savings bank (hereinafter “the savings bank in this case”) is an insured financial institution as provided in subparagraph 1(m) of Article 2 of the Depositor Protection Act.

B. The plaintiffs' claims against the mutual savings bank of this case from 2007 to 2009

2. The “purchase amount” stated in the claim list was purchased as principal and subordinate bonds issued by the mutual savings bank of this case (hereinafter “instant subordinated bonds”).

C. The instant mutual savings bank was ordered to suspend its business and declared bankrupt (1) by the Financial Services Commission from January 201 to February 2013.

(2) The instant mutual savings bank was declared bankrupt between July 201 and September 2013 by the court.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 577 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Article 2 subparag. 7 (b) of the Depositor Protection Act, which is the subject of the Decree, was declared bankrupt by the court of this case, occurrence of class 2 insurance accidents in junior claims under Article 2 subparag. 7 (b) of the Depositor Protection Act.

Therefore, pursuant to the main sentence of Article 31(1) of the Depositor Protection Act, the defendant is obligated to pay the relevant insurance money to the plaintiffs at the request of the plaintiffs, including depositors of the mutual savings bank of this case.

The Plaintiffs against the Defendant, attached Form, which is the principal of the instant subordinated claim

2. The term “purchase amount” in the claim list shall be claimed for the payment of KRW 1 million each as well as the damages for delay on each claim.

3. Relevant legislation.

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