1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The defendant is a special corporation established to efficiently operate the deposit insurance system in accordance with Article 3 of the Depositor Protection Act, and is obligated to pay insurance money upon the request of depositors, etc. of the insured financial institution when the insured financial institution is insured pursuant to Article 31(1) of the aforementioned Act, and a corporation Somatoto Savings Bank (hereinafter "Tomato Savings Bank") is an insured financial institution under Article 2(1)(m) of the Depositor Protection Act.

B. The Plaintiff holds the second subordinated bonds (hereinafter “instant subordinated bonds”) with the content of the agreement period from June 12, 2009 to August 12, 2014, including the principal amount of KRW 10,000,000, annual interest rate of KRW 8.5%, annual interest rate of KRW 8.5%, and monthly interest payment terms.

C. Meanwhile, on September 18, 201, Earth Savings Bank was ordered to suspend its business by the Financial Services Commission.

[Reasons for Recognition] Uncontentious Facts, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion that: (a) the Komato Savings Bank received an order to suspend its business from the Financial Services Commission; and (b) the subordinate claim in this case constitutes a protected financial product under the Depositor Protection Act and the Enforcement Decree of the same Act; and (c) the Defendant is obligated to pay the Plaintiff insurance money and delay damages equivalent to the amount stated in the claim corresponding to the principal and interest of the subordinated claim

In this regard, the defendant asserted that the subordinate claim in this case is not included in the "deposit, etc." under the Depositor Protection Act in consideration of the legislative purpose, system, character of subordinated claim, practical precedent, etc. of the Depositor Protection Act, and therefore, the defendant cannot respond to the plaintiff's claim because it is not a protected financial product under the Depositor Protection Act.

3. Determination

A. Relevant statutes [The former Depositor Protection Act (Law No. 10854, Jul. 14, 201)]