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(영문) 서울중앙지방법원 2015.04.21 2013가단275010
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 30, 2006, the Seo River Credit Union (hereinafter referred to as the “Seo River Credit Union”) purchased 300,000,000 non-guaranteed corporate bonds issued by B Co., Ltd. (hereinafter referred to as the “B”) through the Defendant, a securities company, through the Defendant (hereinafter referred to as the “instant corporate bonds”), and was declared bankrupt on July 8, 2010, and was appointed as a trustee in bankruptcy on the same day by the Plaintiff.

B. B did not issue the bond certificate of the corporate bonds of this case, and the Defendant stated it as the depositor in the Korea Securities Depository’s account book using the bond registration system, and the Seodaemun-gu, an actual investor, was recorded as the bond holder in the account book of the Defendant.

C. B, on June 26, 2012, filed an application for commencing rehabilitation procedures with the Seoul Central District Court on July 3, 2012, and was decided to commence rehabilitation procedures on July 3, 2012, and C, the representative director of B, was appointed as the custodian.

(The instant rehabilitation procedure was set from July 25, 2012 to August 3, 2012, 2012). The reporting period for rehabilitation claims was set from July 25, 2012 to August 3, 2012.

On November 1, 2012, the rehabilitation plan was resolved at the meeting of persons concerned, and the Seoul Central District Court issued the rehabilitation plan approval on the same day.

According to the above rehabilitation plan, 75% of the principal and interest (exemption from interest accrued after commencement) on corporate bonds which are rehabilitation claims shall be converted into equity and 25% shall be paid in cash, but the amount of 5,000 won converted into equity shall be 5,000 won per common share, and the face value of 5,000 won per common share shall be reduced to 5,000 won per common share. On January 10, 2013, new shares issued through capital increase was listed as above.

E. B was declared bankrupt on April 16, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is that the defendant of this case's corporate bonds from the administrator B.

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