양수금 등
1. Each lawsuit against Defendant D and E by the Plaintiff’s succeeding intervenor shall be dismissed.
2. The defendant B and C shall be jointly and severally liable.
1. Basic facts
A. On October 29, 2015, L Co., Ltd. (hereinafter “Defendant B”) purchased the 5th non-guaranteed private equity bonds issued by Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “instant bonds”). On the same day, Defendant C guaranteed the obligation to pay the principal and interest of the instant bonds as the representative director of Defendant B.
L Co., Ltd. and Defendant B agreed to set the interest rate of the instant bonds at the rate of 4.495% per annum, the date of redemption of principal on October 29, 2018, and the overdue interest rate at the rate determined by the Korea Credit Guarantee Fund, and agreed to the effect that “When the issuance, endorsement, guarantee, and acceptance of bills or checks by Defendant B are defaulted or the bank transaction is suspended due to other reasons, the benefit of time shall be lost.”
In addition, the Korea Credit Guarantee Fund set the above overdue interest rate at 10% per annum.
On the other hand, L Co. and Defendant B agreed to transfer the instant bonds to the Plaintiff at the time of the conclusion of the above bonds acquisition contract, and L Co., Ltd transferred the principal and interest claim of the instant bonds to the Plaintiff according to the above agreement on October 29, 2015.
On May 25, 2016, Defendant B lost the benefit of the principal and interest of the instant bonds by being notified of the suspension of current account transaction due to the default of bills.
Accordingly, Defendant B had the obligation to repay the interest of KRW 3,201,917 (i.e., 1,000,000,000 of the bond principal, and the interest of KRW 1,000,000 until May 24, 2016 (before the day immediately before the day of loss of the benefit of time) (i.e., 1,000,000,000 x 4.495% x 62/365 days) and the substitute payment of KRW 8,408,
B. On July 23, 2019, the Plaintiff succeeding to the Plaintiff transferred the principal and interest of the instant bonds and its incidental claims to the Intervenor succeeding to the Plaintiff, and on August 9, 2019, sent the content-certified mail stating the transfer of the instant bonds to Defendant B.
The above content-certified mail reached Defendant B around that time.
C. On March 15, 2016, Defendant C entered the sales contract between Defendant C and D on each of the instant property disposal in the list of Attached Table 1.