Capital Markets & Financial Investment Litigation

"They came up with logically strong and creative arguments on complex issues by studying the case and the opposing party's arguments deeply. It was a very difficult case but they surprised us by winning it."

- Chambers & Partners Asia-Pacific

Overview

BKL possesses unrivaled expertise and a proven track record of success in the field of securities and finance litigation. We represent Korean and multinational financial institutions, including banks, securities companies, insurance companies and asset management companies on a wide range of issues in all types of litigation proceedings.

We provide comprehensive legal service in financial dispute matters based on our deep understanding and knowledge of the securities and financial industry. Our clients benefit from the extensive and relevant experience of our professionals, including former judges, former prosecutors and former government officials from the financial authorities as well as attorneys and advisors with extensive experiences at the financial institutions, and they have a keen understanding of clients’ businesses and the unique nature of disputes that may arise in the financial industry.

Key Services

Disputes concerning Deposits and Loans
All types of loans, such as loans on deeds, loans on bills, discount of bills, overdraft loans, payment guarantee and lending of securities
Real estate related project financing and syndicated loans
Loan accidents
Recovery of loan receivables
Disputes concerning Financial Investment Business
All types of securities such as debt securities, equity securities and beneficiary certificates
Exchange-traded and over-the-counter derivatives
Collective investment schemes
All types of financial investment business such as investment trading, investment brokerage, collective investment, investment advisory, discretionary investment, and trust
Civil and Criminal Proceedings concerning Responsibilities of Officers and Employees of Financial Institutions
Responsibilities for incomplete sale by officers and employees of financial institutions
Criminal cases involving officers and employees of financial institutions with respect to financial products such as ELS and ELW
Criminal cases involving officers and employees of financial institutions on criminal charges including manipulation of interest rates

Representative Cases

Represented financial institutions including Seoul Guarantee Insurance in a claim against Samsung Electronics and others with respect to non-performing loans of Samsung Motors
Represented an investor in litigation with respect to a deposit claim jointly secured by financial institutions in a loan fraud case
Represented a seller company and an asset management company in a number of lawsuits filed by investors for incomplete sale of funds and the violation of the duty of care as a good manager and the obligations to protect investors
Disputes concerning Loans
Represented financial institutions including Seoul Guarantee Insurance in a claim against Samsung Electronics and others with respect to non-performing loans of Samsung Motors
Represented a bank in a claim against Dankook University and a trust company with respect to loans made to Dankook University for a development project
Disputes between Financial Institutions
Represented an investor in litigation with respect to a deposit claim jointly secured by financial institutions in a loan fraud case
Represented a number of banks in litigation seeking payment of settled profits with respect to bond redemption in response to the resolution of the creditor’s committee
Represented a savings bank in a dispute against another savings bank with respect to a loan limit and borrower identification
Disputes concerning Financial Products
Represented an insurance company in a claim against an asset management company and a selling company in connection with investment in a ship fund and a real estate fund
Represented an asset management company in a damage claim brought by an investor of a private real estate fund
Represented an asset management company in a damage claim against Korea with respect to investment in an aircraft fund
Represented a number of banks in litigation with respect to the KIKO derivatives contract
Class Actions
Represented a number of banks in litigation with respect to the costs to establish a keun-mortgage as a collateral of loan receivables
Represented a bank in a damage claims brought by the investors of an offshore fund who executed a forward exchange agreement
Represented a securities company in litigation brought by investors for incomplete sale of Dongyang Group corporate bonds
Represented a seller company and an asset management company in a number of lawsuits filed by investors for incomplete sale of funds and the violation of the duty of care as a good manager and the obligations to protect investors
Disputes concerning Accounting
Represented a number of large Korean accounting firms in a damage claim filed by the investors of a company which committed accounting fraud
Represented a securities company in a damage claim against an issuer company which committed accounting fraud in connection with its purchase of the issuer’s stocks
Market Manipulation and Criminal Cases
Represented a securities company in a damage claim relating to price manipulation through a large volume of stock sales
Represented a bank in litigation filed by an investor relating to unjust withdrawal using a forged CD with the help of a bank employee
Represented a bank in a criminal case on a charge of computer fraud based on manipulation of a loan interest rate
Represented an investor in a case of violation of capital markets law by officers and employees of a financial institution and scalpers with respect to ELW high-frequency algorithm trading
Disputes concerning Real Estate Finance
Represented Berjaya Jeju Resort Co., Ltd. in a damage claim with respect to the ownership of the project site
Represented a public corporation in litigation seeking declaration of non-liability and reclaim of land with respect to cancellation of a business district development project
Represented an investor in litigation with respect to a shipbuilding industry complex construction project
Represented a construction investor and operator in litigation with respect to a PF development project
Administrative Dispositions by Financial Authorities
Represented the Financial Services Commission and a financial institution in litigations seeking the revocation of designation of insolvent financial institution and an order for capital increase
Represented a financial institution in litigation seeking revocation of suspension of duties under the Act of External Audit of Stock Companies
Represented a financial institution in litigation seeking revocation of penalty for violation of the capital markets law with respect to the credit extension to a subsidiary