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(영문) 서울고등법원 2015.12.31 2015나2010873
손해배상(기)
Text

1. The lawsuits of Solomon Savings Bank, Solomon Savings Bank, Inc., the plaintiffs whose exchange has been changed in the current trial.

Reasons

1. Determination on the plaintiffs' claims against the defendant trustee in bankruptcy

A. The gist of the Plaintiffs’ assertion was that the Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) (hereinafter “ Solomon Savings Bank”), around September 19, 2009, acquired the 6-time non-registered subordinated bonds issued by Solomon Savings Bank (hereinafter “the instant subordinated bonds”).

However, the financial statements of the Solomon Savings Bank in 2009, attached to the registration statement, the investment prospectus, etc. of the subordinated bonds of this case (hereinafter “the financial statements of this case”) were prepared and announced falsely by classifying the loans that are doubtful for the possibility of recovery from the Solomon Savings Bank as normal bonds and by insufficiently appropriating the bad debts for bad debts. Based on this, the Solomon Savings Bank was falsely explained as if it had good financial standing and high asset soundness.

The Plaintiffs: (a) acquired the instant subordinated bonds in trust with the instant subordinated bonds registration statement, the investment prospectus, etc., accompanied by the instant financial statements containing false information as to such material facts; and (b) suffered damages due to the bankruptcy of the Solomon Savings Bank.

Therefore, the Solomon Savings Bank is a joint tortfeasor pursuant to Article 125(1) of the former Financial Investment Services and Capital Markets Act (amended by Act No. 11845, May 28, 2013; hereinafter “Capital Markets Act”); Article 48(1) of the Capital Markets Act; or Article 760 of the Civil Act as a joint tortfeasor; Article 756 of the Civil Act as an employer who is an illegal act committed by the officers and employees of Solomon Savings Bank; and Article 756 of the Civil Act as an employer is liable to compensate for damages

However, the Solomon Savings Bank was declared bankrupt during the lawsuit of this case, so the plaintiffs are against the defendant bankruptcy trustee who taken over the Solomon Savings Bank.

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