(영문) 서울중앙지방법원 2014.12.23 2014가합503481

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(영문) 서울중앙지방법원 2014.12.23 2014가합503481

양수금

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1. Defendant A, B, C, and D are jointly and severally liable to the Intervenor succeeding to the Plaintiff for 3,069,496,323 won and 3,068,901.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “Defendant A”).

on September 15, 2010 (hereinafter referred to as “acquisition company”)

B) As between Defendant A and the Company, a contract under which the acquiring company will take over the first guarantee private equity bonds (hereinafter “instant bonds”) in the face value of KRW 3,000,000,000 issued by Defendant A (hereinafter “instant bonds acquisition contract”).

(2) The transferee acquired the bonds of this case by paying KRW 3,00,000,000 to Defendant A company. 2) The main contents of the bond acquisition contract of this case are as follows.

Article 4 (Terms and Conditions of Issuance of Bonds)

1. Trade name of issuing company: Defendant A company;

3. Name of bonds: The first-guaranteed private equity bonds (three-year maturity) of the defendant A company.

5. Total face value of bonds: 3,000,000,000 won.

6. Issuance price of bonds: 100% of the total face value of bonds;

(Value-to-face Issuance)

9. Return on issuance of bonds: 6.6% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

Provided, That the rate of return on issuance shall apply where the same interest rate is different from the rate of return on issuance (referring to the rate of return calculated by adding 2.7% to the rate of return on the market price of a public-guaranteed corporate bond with three-year AA grade as notified by the Korea Financial Investment Association prior to the date of issuance)

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

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;

1. Method and deadline for repayment of the principal of bonds: The principal of the first-guaranteed bond shall be redeemed on September 15, 2013 in lump sum.

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 the payment of interest: The interest on the debentures shall be calculated from the date of issue to the date preceding the date on which the principal is repaid, and the interest payment date shall be made at

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