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(영문) 서울중앙지방법원 2016.02.16 2012가합517905
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 12, 2006, A Co., Ltd. (hereinafter “A”) issued the first non-registered interest coupon junior bonds; the second non-registered interest coupon junior bonds around June 12, 2009; the third non-registered interest coupon junior bonds around November 6, 2009; and the fourth non-registered interest coupon junior bonds around June 17, 2010; and the Plaintiffs purchased each of the above subordinate bonds.

B. In classifying the asset soundness of loans, Article 2-2(1)3 of the former Mutual Savings Banks Act (amended by Act No. 10175, Mar. 22, 2010); Article 11-3(3)3 of the Enforcement Decree of the same Act; Article 36(2) and Article 38 of the Regulations on Supervision of Business of Mutual Savings Banks; Article 20 of the Enforcement Rule of the Regulations on Supervision of Mutual Savings Bank Business (amended by Act No. 10175, Mar. 2, 2010); and Article 20 of the Enforcement Rule of the Regulations on Supervision of Mutual Savings Bank Business (amended by Act No. 10175, Mar. 22, 2010) provides that, according to the above classification criteria, A shall be in accordance with the asset soundness classification standards of the borrower’s total claims, “normal”, “the principle”, “the recall letter,”

However, in preparing and publicly announcing the financial statements of the 26th period (from July 1, 2008 to June 30, 2009), A, in a way of raising the credit balance to be classified into “normal”, “presumed loss”, “instrue loss, etc.,” etc., and understatings the allowances for bad debts. Accordingly, in fact, A’s net loss during the 26th period of the 26th period was prepared as if A realizing the net income amount of 20.3 billion won even after the name was 20.3 billion won, A prepared and publicly announced a false balance sheet as if the total assets amount was 3.3 billion won, and 2.7 billion won (from July 1, 2009 to June 30, 2009) was prepared and publicly announced as if the total assets amount were 3.3 billion won, and even in fact, 2.4 billion won during the 26th period of the 27th period of the 2010 billion won (name 3.5 billion won).5 billion won).

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