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(영문) 서울중앙지방법원 2019.06.26 2018가합560659

양수금

Text

1. As to KRW 1,612,546,567 among the Plaintiff and KRW 1,611,368,767 among the Plaintiff, the Defendant shall start from March 17, 2017 to July 18, 2018.

Reasons

1. Facts of recognition;

A. On June 10, 2016, C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) entered into a guarantee private equity bond acquisition contract (hereinafter referred to as “this case’s bond acquisition contract”) with the Defendant with the content that C acquires guarantee private equity bonds issued by the Defendant and transfers them to a special purpose company (hereinafter referred to as “instant bond acquisition contract”).

(2) Of the terms and conditions of the bond acquisition contract of this case, Article 2 (Purpose of the bond acquisition) of the bond acquisition contract of this case (the purpose of the bond acquisition contract of this case) is to raise funds necessary for the business through the issuance of the bond, and C intends to acquire the bond for the purpose of using it in the corporate bond securitization under the Asset-Backed Securitization Act (hereinafter “asset Securitization Act”) and transfer it to the “special purpose company”.

Article 4 (Terms and Conditions of Issuance of Bonds)

1. Trade name of issuing company: Defendant;

2. Name of bond: The second-time guarantee private equity bond issued by the defendant;

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

4. Total face value of bonds: 1,600,000 won for second-time unsecured private equity bonds.

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

6. Class of each bond: 1,600,000 won

8. Return on issuance of bonds: 2.73% 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 calculated by adding 1.150% to the rate of return on the basis of the market price assessment of the company bonds with non-guaranteed bonds which are 2 years preceding the date of issuance of D Association notice), the rate of return on issuance shall apply.

However, the rate of return on the issuance of this bond may be adjusted later through consultation between the defendant and C.

9. The surface interest rate of the bonds: The surface interest rate of the bonds shall be the same as the issuance rate above;

10. Method and deadline for repayment of bonds: The second-time non-guaranteed private equity bonds shall be paid in lump sum on June 10, 2018.

12. Method of payment of interest.