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(영문) 서울중앙지방법원 2016.02.04 2015가합545680

사채금등 청구의소

Text

1. Defendant A Co., Ltd and Defendant B jointly and severally with the Plaintiff, who is a limited liability company specializing in the 13th securitization of the Plaintiff New Daily, 908,864.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company aimed at drug sales business, etc., and the network D (hereinafter “the network”) was a former representative director of Defendant A.

B. 1) On September 12, 2013, the K-Investment Securities Co., Ltd. (hereinafter “instant First Subscription Agreement”) with Defendant A regarding an underwriting contract for the 4th Unguaranteed Private Equity Bonds Co., Ltd. (hereinafter “instant 1 Bonds”) issued by Defendant A (hereinafter “instant 1 Bonds”).

(2) On November 10, 2014, Korea Investment Securities Co., Ltd. concluded an acquisition contract for the 5th Non-Guarantee Private Equity Securities Co., Ltd. (hereinafter “A”) issued by Defendant A (hereinafter “Second Subscription Agreement”) and paid KRW 810,000,000 on the same day, upon entering into a contract for the transfer of assets, etc. under the Asset-Backed Securitization Act with Plaintiff Newcom 2013 and the 13th Asset-Backed Securitization Co., Ltd. (hereinafter “Second Subscription Agreement”), and paid KRW 810,000,000 on the same day.

On the same day, the Korean Investment Securities Co., Ltd. entered into a contract for the transfer of assets, etc. under the Asset-Backed Securitization Act with the Plaintiff New Year 2014 Specialized in Asset-Backed Securitization Co., Ltd., and transferred all the principal and interest claim of KRW 810,000,00

3) The main contents of each of the instant underwriting contracts are ① The first underwriting contract of this case is to pay the principal in lump sum on September 12, 2015; and the second underwriting contract of this case is to pay the principal on November 10, 2016; the interest rate of the bonds is to be 5.81% per annum for the first debentures of this case; and 5.567% per annum for the second debentures of this case (Article 4 of each of the above contracts; ② The Defendant A, a issuing company, issued company, issued, endorsed, guaranteed, guaranteed, underwritten bills or checks, or due to any other cause or event for which banking transactions are suspended, without notifying the loss of the benefit of time.