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(영문) 서울고등법원 2014.12.18 2014나2000589
손해배상(기)
Text

1. The plaintiffs' extension from the trial to the defendant accounting corporation is about the capital market and financial investment business.

Reasons

1. Basic facts

A. On June 23, 2009, A Savings Bank issued each of the instant subordinate bonds and the plaintiffs’ subordinate bonds purchase 1) A Savings Bank issued the first non-registered subordinated bonds worth 16 billion won in total (hereinafter “the first subordinated bonds”).

(2) On December 21, 2009, the second subordinate bonds with interest rate of KRW 9.5 billion in total (hereinafter “second subordinate bonds”) were subordinate bonds with interest rate of KRW 9.5 billion (hereinafter “second subordinate bonds”) and the above subordinate bonds are “each subordinate bonds of this case”.

2) At the time of issuing the first subordinated bonds, A Savings Bank advertised as follows: “At the time of issuing the first subordinated bonds, 203 to 6 consecutive years, 2008, 3 consecutive years, 8/8/8-BS 8.13%, and 7.55% of the fixed and fixed credit rates (as of December 2008)”; “at the time of issuing the second subordinated bonds, 2003 to 2003 to 7 consecutive years, 2009, 8/8 clubs 8.73%, and 7.13% of the fixed and fixed credit rates (as of June 2009)”.

In addition, the employees in charge of subordinated bonds sales are so-called "8/8 club" if they meet both the 8.13% equity capital ratio as of the end of December 2008, and 7.55% equity ratio below the fixed credit ratio, which serves as the basis for the superior savings bank, above 8/8 club BS ratio above 8%, and below 8% below the fixed credit ratio.

On the other hand, it was explained that the overdue interest rate (13.24%), the PF credit rate (26.34%) and the overdue interest rate (9.72%) were silent until the customer wants to inform him of it, and that the savings bank which achieved the black company for six consecutive years will continue to benefit in the future. On the other hand, it was explained that the interest rate on early cancellation of the deposit is not applied to the deposit interest rate, and it was recommended that the deposit account holders of A Savings Bank invest in the above subordinate bonds.

3) 38 financial statements of A savings banks (accounting period from July 1, 2007 to June 30, 2008) in the first subordinated bond registration statement.

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