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(영문) 서울중앙지방법원 2019.11.21 2019가합565026
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,500,000,000 and as a result, from June 30, 2008 to December 31, 2012.

Reasons

1. Indication of claim;

A. On June 30, 2008, Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”) issued the 5-time non-guaranteed bonds with non-guaranteed interest rate as follows with the purchaser. D paid KRW 1,500,000 to Defendant B on the same day.

(hereinafter “instant corporate bonds”). Defendant C guaranteed Defendant B’s debt related to the instant corporate bonds on the same day.

Since December 31, 2012, Defendant B did not perform its obligation with respect to corporate bonds of this case until now.

The surface interest rate of the bonds issued in KRW 1,500,000: 4.81% per annum (from the date of issuance until December 31, 2012): The redemption date of the bonds: 15% per annum;

B. D on June 30, 2008, when transferring the instant corporate bonds to E limited liability companies, notified Defendant B of the same day.

As the instant corporate bonds were transferred in sequential order from October 2, 2013 to February 1, 2019, the Plaintiff finally acquired the instant corporate bonds since each time was notified to Defendant B.

On October 2, 2013, the Small and Medium Business Corporation, E, the E, a limited partnership company of the Small and Medium Business Corporation on August 16, 2017, G Co., Ltd., Ltd. on April 12, 2018 on February 1, 2019

C. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1,500,000,000 as well as damages for delay at the rate of 4.81% per annum as stipulated in the agreement from June 30, 2008 to December 31, 2012, which is the date of issuance of the instant corporate bonds, from June 30, 208 to December 31, 2012.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act:

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