사채상환금 등
1. Defendant A and C jointly and severally share KRW 1,881,355,741 with the Plaintiff and KRW 1,827,983,835 with the above amount.
The summary of the case is that the Plaintiff, who acquired the principal and interest of the bonds against the Defendant Company, sought the payment of the principal and interest of the bonds against the Defendant Company and the Defendant C, a joint guarantor, and on the other hand, sought the revocation thereof and restitution by equivalent compensation on the ground that the sales contract between the Defendant C and the Defendant D on the share of land in the claim
On September 12, 2012, Samsung Securities Co., Ltd. (hereinafter “Trisung Securities”) entered into a non-guaranteed Co., Ltd. agreement to pay 16% interest rate on the principal and interest of the bonds during the period from the date of loss of the due interest to the date of actual payment when the Defendant Co., Ltd. loses the due interest, on the premise of the claim against Defendant D, by acquiring the 2 billion won Non-Guarantee Co., Ltd.’s non-Guarantee Co., Ltd.’s non-Guarantee Co., Ltd.’s non-Guarantee Co., Ltd.’s non-Guarantee Co., Ltd.’s non-Guarantee
Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the obligations of the Defendant Company according to the above bond acquisition contract.
On September 20, 2012, the Plaintiff entered into a contract for transfer of securitized assets under the Asset-Backed Securitization Act with Samsung Securities and Asset-Backed Securitization Act, and succeeded to all rights and obligations of the Defendant Company of Samsung Securities under the said bonds acquisition contract. On September 20, 2013, the Plaintiff recovered KRW 200 million on the first installment redemption date and appropriated it for the repayment of the instant bonds to pay for the repayment of the bonds, thereby becoming KRW 1.
On October 15, 2014, the Defendant Company lost the benefit of time of the instant bonds pursuant to Article 4 subparag. 18(b) of the Bond Subscription Agreement due to the application for rehabilitation on October 15, 2014.
(A) The Defendant Company: (a) the principal and interest of corporate bonds as of October 14, 2014 was KRW 1,827,983,835 (i.e., KRW 27,983,835) and the Defendant Company’s corporate bonds as of November 14, 2014 (i.e., KRW 1,827,983,835), and (ii) the amount of the principal and interest of corporate bonds as of November 14, 2014 (i.e., KRW 1.80,983,835).