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(영문) 서울중앙지방법원 2018.10.11 2017가합546588

양수금등 청구의 소

Text

1. Defendant B and C shall jointly and severally serve as the Plaintiff KRW 1,208,407,397 and as a result, from January 18, 2017 to December 2017.

Reasons

1. Facts of recognition;

A. Co., Ltd. (hereinafter “Defendant B”) and Co., Ltd. (hereinafter “Defendant B”), and in the case of Defendant Co., Ltd., the entry of Defendant Co., Ltd. is omitted.

(2) On May 26, 2016, the TR Co., Ltd. entered into a contract with Defendant B to acquire non-guaranteed private equity bonds issued by Defendant B in KRW 1,200,000 (hereinafter “instant bonds acquisition contract”) and paid the above bonds, and Defendant C guaranteed the obligation to pay the principal and interest of bonds under the bonds acquisition contract of this case.

3) At the time of the instant corporate bonds acquisition agreement, Defendant B paid interest calculated at the rate of 4.825% per annum with R Co., Ltd., but with respect to Defendant B, Defendant B agreed to pay damages for delay calculated at the rate of 10% per annum (10% per annum, which is the amount of damages determined by the Credit Guarantee Fund from the date of loss of due interest on the outstanding principal and interest of the bonds until the due date of repayment. (B) The Plaintiff entered into an asset transfer agreement under the Asset-Backed Securitization Act with R Co., Ltd. on May 26, 2016, and the Plaintiff acquired the principal and interest of the bonds under the instant corporate bonds acquisition agreement held by R Co., Ltd. with respect to Defendant B and all rights incidental thereto.

2) On January 18, 2017, Defendant B lost the benefit of time under the bond acquisition agreement of this case on the same day, following the registration of credit management information due to a tax delinquency on January 18, 2017 with respect to Defendant B. C. Defendant B and C’s trademark transfer 1) is indicated in attached Table 2 List 1, January 11, 2017.