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(영문) 서울고등법원 2015.12.31 2015나2007693
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. The reasoning behind this part of the court’s reasoning is as follows, and the corresponding part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420

The fifth to fifth are as follows. The fifth to fifth are as follows.

The plaintiff acquired the 12th subordinated bonds and the 13th subordinated bonds as stated in the "acquisition bond" column in attached Form 2 in the distribution market or the issuing market.

2. Determination as to the claim against Defendant Deposit Insurance Corporation

A. Since the instant savings bank is a loan with a low possibility of collecting KRW 35.577 billion, which was recognized as a non-performing loan in a criminal judgment related to the Plaintiffs’ assertion, and that is not provided with sufficient collateral, it is necessary to classify the instant savings bank as “in evaluating the asset soundness of the said non-performing loan,” and set 75% of the loan as a bad debt allowance in accordance with the relevant laws and regulations, such as the Mutual Savings Banks Act and the Mutual Savings Banks Act.

Nevertheless, the breach of trust loan of this case was not established as a bad debt allowance in the financial statements of the 25th, 26th, and 27th half year, and as a result, each of the above financial statements contains false statements that excessively include important matters such as total assets, total capital, net income, etc.

The Plaintiffs sustained damages after the acquisition of each subordinate bond of this case, reliance on the registration statement and the investment prospectus attached with each of the above financial statements containing false material facts as above.

Therefore, pursuant to Article 125(1)1 or 162(1) of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013; hereinafter “former Financial Investment Services and Capital Markets Act”), a bankrupt debtor, is liable to compensate for damages pursuant to Article 750 of the Civil Act, and the management of the savings bank of this case is on duty.

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