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(영문) 서울중앙지방법원 2019.11.22 2019가합521514
양수금등 청구의 소
Text

1. As to KRW 1,522,767,609 and KRW 1,513,192,429 among the Plaintiff and KRW 1,513,192,429 from April 6, 2018 to May 22, 2019.

Reasons

1. Basic facts

A. On September 21, 2017, Defendant B’s issuance of the bonds and Defendant B’s joint and several sureties E Co., Ltd. (hereinafter “E”) concluded an underwriting contract (hereinafter “instant underwriting contract”) with the following, with the intention to transfer the 4-time non-guaranteed private equity bonds (hereinafter “instant bonds”) issued by D to the Plaintiff and to issue the bonds-backed securities (CBO and Clterized BO) by transferring them to the Plaintiff, and paid KRW 1,510,000,000 with the bond amount to D.

At this time, Defendant B guaranteed the principal and interest obligation of the bonds of this case.

Article 4 (Terms and Conditions of Issuance of Bonds) The terms and conditions of the issuance of the "Issuance of this Bonds" issued by the "Issuance Company shall be as follows:

1. Trade name of issuing company: D;

2. Name of bonds: D 4-guaranteed private equity bonds (two-year maturity).

3. Types of bonds: Unguaranteed private equity bonds in bearer form.

4. Total face value of bonds: KRW 1,510,000,000 for bonds of non-guaranteed private placement, which are paid in KRW 4th time.

5. The issue value of bonds: The total face value of each bond shall be 100%;

(Value-to-face Issuance)

6. Class of bonds: One sheet of KRW 0,000,000 per twenty billion.

7. Division or consolidation of corporate bonds: The principal bonds shall be limited to an unregistered interest coupon, the division or consolidation of which is impossible for one year after issuance thereof, and may not be resold to at least 50 persons within one year;

8. Return on issuance of bonds: The date of issuance shall be 4.823% per annum from the date of issuance to the date before the date of redemption of principal.

Provided, That where the interest rate is different from the rate of return on issuance (referring to the rate of return calculated by adding 2.9% to the rate of return on the market price of AAA-Guaranteed Corporate Bonds with Non-Guaranteed Corporate Bonds with Two-year F Association Notice prior to the date of issuance) the rate of return on issuance shall apply.

However, the rate of return on issuance of this bond may be adjusted later through consultation between the issuing company and the acquiring company.

9. The surface interest rate of the debentures: The surface interest rate of “this debentures” is above.

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