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 Key Services Practices Representative Cases Key Contacts Related Content

Overview

BKL’s Capital Markets & Financial Investment Litigation Group possesses unrivaled expertise and a proven track record of success in the field of capital markets and financial investment litigation. We represent Korean and multinational financial institutions including banks, securities companies, insurance companies, asset management companies, pension funds and PEFs on a wide range of issues related to litigation proceedings.

Our clients benefit from the extensive experience of our professionals including former judges, prosecutors and government officials from central administrative agencies, financial policy authorities, and financial supervisory authorities. In addition, we have attorneys and advisors with extensive experiences at financial institutions with a keen understanding of clients’ businesses.

Key Services

Disputes concerning Deposits and Loans

Disputes concerning term loans, promissory note loans, bill discounting, overdraft facilities, payment guarantees, and securities lending

Disputes concerning real estate project financing and syndicated loans

Advisory services regarding various loan related disputes

Advisory services concerning disputes, litigation, negotiations, mediation, etc. for recovery of loan receivables

Disputes concerning Financial Investment

Disputes concerning debt securities, equity securities and beneficiary certificates

Disputes concerning exchange-traded and over-the-counter derivatives

Disputes concerning collective investment schemes

Disputes concerning investment trading, investment brokerage, collective investment, investment advisory, discretionary investment management, and trust business

Civil and Criminal Proceedings concerning Executives and Employees of Financial Institutions

Disputes concerning responsibility for the mis-selling of financial products

Criminal litigation concerning employees indicted in connection with the sales of Equity-Linked Securities, Equity-Linked Warrants, Derivative-Linked Securities, and Derivative-Linked Funds

Criminal litigation concerning employees indicted on charges of interest rate manipulation

Practice Areas

Representative Cases

Represented financial institutions including Seoul Guarantee Insurance in their claims against Samsung Electronics related to non-performing loans of Samsung Motors

Represented an investor concerning losses from collateralized loan fraud

Represented distributors and asset management companies in a number of lawsuits filed by investors with respect to the mis-selling of public and private funds

Disputes concerning Loans

Represented financial institutions including Seoul Guarantee Insurance in their claims against Samsung Electronics related to non-performing loans of Samsung Motors

Represented a financial institution in a recovery claim against Dankook University and a trust company related to loans made to Dankook University regarding a development project

Disputes between Financial Institutions

Represented an investor concerning losses from collateralized loan fraud

Represented a number of banks concerning profits and loss settlement claims related to the exercise of bond purchase rights

Represented a savings bank concerning identification of loan customers and the applicable loan limits

Disputes concerning Financial Products

Represented insurance companies which invested in ship funds and real estate funds in a claim against an asset management company and a distributor

Represented an asset management company in a claim brought by an investor of a private real estate fund

Represented an asset management company against Republic of Korea with respect to investment in an aircraft fund

Represented a number of banks and public institutions with respect to the Knock in Knock out derivatives contracts

Class Actions

Represented a number of financial institutions and borrowers concerning costs associated with establishing secured mortgages (keun-mortgage)

Represented a bank in a claim brought by investors involving forward exchange contracts

Represented a securities company in a claim brought by investors for mis-selling of Tongyang Group corporate bonds

Represented distributors and asset management companies in a number of lawsuits filed by investors with respect to the mis-selling of public and private funds

Disputes concerning Accounting

Represented a number of large Korean accounting firms concerning fraud claims filed by investors

Represented a securities company in a fraud claim concerning stock purchase agreement

Financial Incidents and Criminal Cases

Represented a securities company in a claim relating to price manipulation through large-scale stock sales

Represented a bank in a claim filed by an investor concerning fraudulent withdrawal

Represented a bank in a criminal case concerning manipulation of loan interest rates

Represented investors in a claim of securities regulations violation concerning ELW high-frequency algorithm trading

Disputes concerning Real Estate Finance

Represented Berjaya Jeju Resort Co., Ltd. in a claim concerning the ownership of the project site with a value exceeding KRW 100 billion

Represented a public corporation in a claim seeking declaration of non-liability and reclaim of land with respect to cancellation of the Yongsan International Business development project

Represented investors in a claim concerning the development project of a shipbuilding industry complex

Represented construction investors and developers in a claim concerning Eunpyeong New Town project

Disciplinary Actions by Financial Authorities

Represented the Financial Services Commission and financial institutions in a case concerning the revocation of designation as insolvent financial institution

Represented financial institutions in cases seeking revocation of duty suspensions and other disciplinary actions based on the Act on External Audit of Stock Companies

Represented a financial institution in a claim concerning revocation of penalty for granting credit to its subsidiary