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Reasons
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(영문) 서울중앙지방법원 2017.11.17 2016가합28601
양수금
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1. The defendant shall pay to the plaintiff KRW 468,395,221 and KRW 289,016,470 among them, from October 10, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 1, 2010, B Co., Ltd. (hereinafter “B”) issued the instant corporate bonds with non-registered interest coupons (hereinafter “instant corporate bonds”) 5 times as indicated below, and EMM investment securities Co., Ltd. (hereinafter “EM”) acquired the instant corporate bonds on the same day, and entered into a general bond acquisition agreement with non-registered interest coupons (hereinafter “this case’s corporate bonds acquisition”) with the content of transferring the instant corporate bonds to a limited company specializing in asset-backed securitization (hereinafter “special purpose company”).

The defendant is a joint and several guarantor for the repayment of principal, interest, overdue interest, etc. of the corporate bonds of this case that B bears to the bondholder according to the contract for underwriting the corporate bonds of this case

Details of the corporate bonds of this case

1. Trade name of issuing company: B;

1. Joint guarantor: Defendant;

1. Acceptance company: NAM;

1. Special purpose companies;

1. Name of the bonds: The five-time general corporate bonds with non-registered interest coupons;

1. Types of bonds: Non-guaranteed private placement bonds with bearer interest coupons;

1. Total face value of the bonds: To determine a KRW 00 million;

1. The total amount of issuance of the bonds: The amount of KRW 100 million;

1. Date of issuance of bonds: The maturity date of bonds on September 1, 2010: The repayment method and deadline of the principal of bonds on September 1, 2013: Temporary repayment of 100% of the principal of bonds on September 1, 2013;

B. On June 24, 2016, the Industrial Bank of Korea, a trust business entity of the KTB Smart30 Securities Investment Trust, and the Plaintiff, a beneficiary of the said privately placed securities investment trust, entered into a payment contract in lieu of trust proceeds of the above trust business, with the purport to transfer the instant corporate bonds to the Plaintiff in lieu of trust proceeds of the above trust business that the Industrial Bank of Korea should pay to the Plaintiff. Pursuant to the said payment contract in substitutes, the special purpose company in this case

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