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(영문) 서울중앙지방법원 2019.05.21 2018가합531422

양수금 등 청구의 소

Text

1. Defendant C and D shall be jointly and severally,

A. From March 5, 2018, Plaintiff A limited liability company KRW 2,249,526,566 and its related amount.

Reasons

1. Basic facts

A. The parties’ status and relationship 1) The Plaintiffs are companies engaged in the acquisition, management, operation, and disposal of debentures, loans, and all rights related thereto or related thereto pursuant to the Asset-Backed Securitization Act. (2) Defendant C and D are the representative directors of F Co., Ltd. (hereinafter “debtor Company”), Defendant C and D are the first children of Defendant C, and Defendant E are the second children of Defendant C as the wife of Defendant C’s second children.

(A) On April 16, 2018, the debtor company was decided to commence rehabilitation procedures at the Ulsan District Court on April 16, 2018 and obtained the rehabilitation plan approval on December 17, 2018, and Defendant D is the administrator.

Article 1 (Purpose of Subscription) The debtor company and the defendant C and D company intend to raise funds necessary for their business through the issuance of this bonds, and H Co., Ltd will acquire and transfer this bonds to the securitization company for the purpose of using them in the securitization of corporate bonds in accordance with the Asset-Backed Securitization Act.

Article 4 (Terms and Conditions of Issuance of Bonds)

8. Return on issuance of bonds: 4.312% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

9. The surface interest rate of the debentures: The surface interest rate of this debentures shall be the same as the rate of return on issuance as above;

13.(b)The overdue interest shall be paid at the rate of damages (10 per annum) set by the Credit Guarantee Fund for the outstanding principal and interest of the debentures during the transitional period from the date of loss (including the date per annum) to the date of actual payment (including the date per annum) when the benefit under subparagraph 18 has been lost.

18. Loss of the benefit of time by the debtor company: the debtor company shall immediately lose the benefit of time with respect to this bond without notice of the loss of time when any of the following items (a) through (e) occurs:

(A) A bill or check issued, endorsed, guaranteed, or accepted by the debtor company.