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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 504,913,401 as well as KRW 502,156,301 as from January 24, 2013.
Reasons
1. Indication of claim;
A. The Plaintiff is a specialized securitization company established under the Asset-Backed Securitization Act.
B. On September 28, 2011, Defendant A Co., Ltd. (hereinafter “Defendant A”) issued Non-Party A’s non-guaranteed private equity bonds and acquired them in KRW 500,000,00. On the same day, Yangyang Total Financial Securities Co., Ltd. transferred the principal and interest of the bonds acquired as above to the Plaintiff, and Defendant B guaranteed the principal and interest payment obligation of the above bonds.
The main contents of the first subscription contract for bonds are as follows:
The name of the bonds issued by the issuing company: The name of the bonds issued by the defendant company at the first time of the bonds issued by the defendant company: 500,000,000 won of the total amount of the bonds issued by the defendant company: The issue value of the bonds at the rate of 100,000,000 won of the total amount of the bonds: 5.83% per annum: The method and deadline for lump-sum repayment of the principal of the bonds and the payment of interest on September 28, 2014: The amount calculated by multiplying the balance of the outstanding principal of the bonds as of the date immediately preceding the payment date by the rate of 4 divided by the interest rate for each interest payment.
- The interest payment date: from September 28, 201 to September 28, 2014, the interest rate of 21% per annum on the principal and interest of the unpaid bonds from September 28, 2011, March 28, and June 28, 2014: the interest rate per annum applying the rate of 21% per annum during the period from each due date (including the due date) to the actual due date (including the due date) and, when the interest has been lost under subparagraph 19, the interest rate per annum for the outstanding principal and interest of the bonds from the due date (including the due date) to the due date (including the due date).
In case a bank transaction is suspended due to the issuance, endorsement, guarantee, acceptance of the bill or check by the issuing company (Article 4 subparagraph 19 (a) of the first bond subscription contract) or due to any other reason;
C. On January 24, 2013, Defendant Company.