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(영문) 부산지방법원 2014.11.05 2012가합9082
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 6, 2009, Busan Savings Bank Co., Ltd. (hereinafter “UB Savings Bank”) and Busan Second Savings Bank Co., Ltd. (hereinafter “UB Savings Bank”) issued subordinated bonds, respectively, and the KB Savings Bank Co., Ltd. (hereinafter “UBB Savings Bank”) entered into an arrangement contract with the above Savings Bank with respect to the issuance of subordinated bonds.

B. On February 24, 2010, Plaintiff A acquired 300,000 shares of subordinated bonds issued by Busan Savings Bank (the total face value of private bonds) and 200,000 shares of the same day (the total value of bonds KRW 200,000) from N of all debenture holders.

C. On June 29, 2010, Plaintiff C purchased 30,000 shares (30 million won) of subordinated bonds of the Busan2 Savings Bank and 60,000 shares (60 million won) of the same bonds from all debenture holders on February 9, 2011. On February 9, 2011, Plaintiff C purchased 9,00 shares of the above bonds under Plaintiff D’s name (9 million won) on behalf of Plaintiff D, E, and 11,00 shares of the above bonds (11 million won) under Plaintiff E’s name, and Plaintiff F purchased 20,00 shares of the above bonds (20 million won) under Plaintiff F’s name.

Plaintiff

G on February 26, 2009, through a public offering procedure for subordinated bonds issued by the Busan Savings Bank, acquired 310,000 won (310,000,000 won) of subordinated bonds, and on March 12, 2010, purchased 40,000 won (40,000 won) of subordinated bonds issued by the Busan Savings Bank from the former bondholder.

E. The Busan Savings Bank was declared bankrupt on August 16, 2012 and the Busan Second Savings Bank was declared bankrupt on March 7, 2012 respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 3-1 to 7, the purport of the whole pleadings

2. Determination as to the plaintiff A and B's claims

A. Defendant H’s claim against Defendant H is an employee of the Busan Savings Bank. The Plaintiff, who has dementia in the aged, does not explain the risk of subordinated bonds issued by the Busan Savings Bank to the aged Plaintiff B, but does not explain the safety, transfer, high interest rate, etc. of the above bonds.

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