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(영문) 서울중앙지방법원 2017.01.26 2015가합561125

양수금 등 청구의 소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,016,061,472 and KRW 1,014,012,602 among them. < Amended by Presidential Decree No. 25089, Oct. 10, 2014>

Reasons

1. Basic facts

A. The acquisition of bonds and the occurrence of the current unit of bonds 1) K non-investment securities Co., Ltd. (hereinafter “K non-investment securities”).

(2) On March 28, 2013, the Plaintiff entered into a guarantee private equity capital agreement with Defendant Company A (hereinafter “Defendant Company”) to acquire the first non-guaranteed private equity capital (hereinafter “instant bonds”) of KRW 1,000,000,000 of the face value of the issuance of the Defendant Company, and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the principal and interest of the above bonds with respect to the Defendant Company’s K non-investment securities.

Article 1 (Purpose of Subscription for Bonds) The Defendant Company intends to raise funds necessary for its business through the issuance of this bonds, and the KB-invested Securities will acquire and transfer this bonds to the Plaintiff for the purpose of using them in the securitization of corporate bonds pursuant to the Asset-Backed Securitization Act.

§ 4. (Terms of Issuance of Bonds)

1. Trade name of issuing company: A;

2. Name of bonds: First-guaranteed private equity bonds (three-year maturity) of a stock company A;

3. Types of bonds: Unguaranteed private equity bonds in bearer form.

4. Total face value of bonds: 1,000,000 won.

5. The issue value of bonds: The total face value of each bond shall be 100%;

(Value-to-face Issuance)

8. Return on issuance of bonds: 4.81% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

Provided, That where the interest rate is different from the rate of return on issuance (referring to the rate of return calculated by adding 2.00% to the rate of return on the market price of a public-guaranteed corporate bonds with non-guaranteed class 3 years maturity prior to the date of issuance) of the issue date, the rate of return on issuance shall apply.

However, the rate of return on issuance of this bond may be adjusted later through consultation with the defendant company.