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(영문) 서울서부지방법원 2018.09.20 2018가합33169
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 2,871,679,609 as well as KRW 2,468,01,817 as to the Plaintiff’s KRW 2,468,01,81.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Dongyang Securities Co., Ltd. (hereinafter “Dongyang Securities Co., Ltd.”)

(B) On May 17, 2012, B Co., Ltd. (the representative director, Defendant, and hereinafter referred to as “B”) is not classified before and after the decision on commencing rehabilitation procedures.

) After acquiring the third-time non-guaranteed private equity bonds issued by B (hereinafter “the third-time non-guaranteed private equity bonds”) and transferring them to the special purpose company, the non-guaranteed private equity bonds acquisition contract (hereinafter “the bonds acquisition contract of this case”) is called “the bonds acquisition contract of this case.”

(2) The Defendant concluded a bond acquisition contract of this case on the same day, and the Defendant jointly and severally guaranteed all monetary payment obligations under the bond acquisition contract of this case. (2) The main contents of the bond acquisition contract of this case relating to this case are as follows.

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

5. Total face value of bonds: No. 5,600,000 won for guaranteed private equity bonds (one hundred million won).

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

9. Rate of issuance of bonds: 6.47% per annum from the date of issuance of the bonds to the date preceding the date of redemption of the principal.

10. 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.

11. Method and deadline for repayment of bonds: The principal of the third-guaranteed bonds shall be paid in lump sum on May 17, 2014;

Provided, That if the repayment date is not the banking business of the Republic of Korea, the immediately following business day shall be the repayment date.

13. Method and deadline for payment of interest: The interest on the “this bond” shall be calculated from the date of issue to the date preceding the date of redemption of the principal, and shall be calculated by multiplying the balance of the unredeemed principal of the “this bond” as of the date immediately preceding the date of payment of interest by the rate calculated by dividing it by 4.

Provided, That if the date of payment is not the banking business of the Republic of Korea, interest shall be paid immediately after the business day.

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