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(영문) 서울서부지방법원 2020.05.07 2019가합39515
양수금
Text

1. The Defendant: (a) KRW 473,952,466 for the Plaintiff and its related KRW 12% per annum from December 12, 2014 to January 31, 2016; and (b) February 1, 2016 for the Plaintiff.

Reasons

1. Basic facts

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

C Co., Ltd. (hereinafter “C”) on December 6, 2012

(1) The following terms and conditions of a non-guaranteed private bond subscription agreement (hereinafter “first bond subscription agreement”) are as follows:

The defendant, who was the representative director of C, was jointly and severally liable for C's obligations under the first bond subscription contract.Unguaranteed bond subscription contract Article 1 (Purpose of Bond Subscription) issuing company (C) of the Unguaranteed bond subscription contract

(B) is to raise funds required for the project through the issuance of this bond and is the acquiring company (B).

The purpose of this Act is to acquire and transfer this bonds to a special purpose company for the purpose of using in the securitization of corporate bonds under the Asset-Backed Securitization Act. The issuing company of Article 3 (Subscription for Bonds) entrusts the underwriting company with the acceptance of the total amount of the bonds to the underwriting company, and the underwriting company accepts it.

1. Trade name of issuing company: C;

2. Name of bonds: C second-guaranteed private equity bonds (two-year maturity) of a stock company.

3. Types of bonds: non-guaranteed bonds in bearer form.

4. Total face value of bonds: At least 450,000,000 won (gold 450,000,000 won) for second-guaranteed private equity bonds.

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

(Value-to-face Issuance)

6. Class of each bond: A gold billion KRW 10,000,000; 10. The repayment method and deadline of the bond: The principal of the second-guaranteed bond shall be paid in lump sum on December 6, 2014;

13.(A) If the issuing company fails to pay the principal or interest of the debentures on the date set forth in heading 10 to 12, the rate of damages determined by the Credit Guarantee Fund shall be applied to the principal and interest of the unpaid debentures during the period from each due date (including the due date) to the actual due date (including the due date).

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