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(영문) 서울중앙지방법원 2017.04.07 2016가합577400
사채상환금
Text

1. The Defendant: (a) KRW 1,011,985,534 to the Plaintiff; and (b) KRW 12% per annum from October 12, 2016 to November 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2016, Korea Development Bank entered into a guarantee privately offered bonds (hereinafter “instant bonds”) with B’s total face value of KRW 2,00,000,000,000 with the bonds issued by B (hereinafter “B”) and agreed to transfer them to the Plaintiff after acquiring the bonds, and the Defendant and C, who are the joint representative director of B, jointly and severally guaranteed the performance of all obligations owed by B under the instant underwriting contract at the time of entering into the instant underwriting contract.

The main contents of the bond acquisition contract of this case are as follows.

Article 2 (Purpose of Subscription for Bonds) The issuing company intends to raise funds necessary for the issuer to redeem bonds issued on June 3, 2013 through the issuance of this bonds, and the acquiring company intends to acquire this bonds for the purpose of using them in the corporate bond securitization under the Asset-Backed Securitization Act (hereinafter referred to as the "this case") and transfer them to the special purpose company.

§ 4. (Terms of Issuance of Bonds)

1. Trade name of issuing company: (State)B;

2. Name of the bonds: Two-yearly guarantee privately placed bonds (two-year maturity) by the credit rating company.

3. Types of bonds: Unguaranteed private equity bonds in bearer form.

4. Total face value of the bonds: KRW 2,00,000,000 for the second-guaranteed private equity bonds ($ 2,00,000).

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

(Amount) 8: The rate of return on issuance of bonds: 3.649% per annum from the date of issuance to the date preceding the date of redemption of the principal, and where the rate of interest is different from the rate of return on issuance (referring to the rate of interest calculated by adding 2.020% to the rate of return on the base of market price assessment of AAA-Class Non-Guarantee Corporate Bonds issued by the Korea Financial Investment Association on the day preceding the date of issuance).

except that the rate of return on the issuance of this bond may be adjusted later through consultation between the issuing company and the acquiring company.

10. Method and deadline for repayment of bonds: The principal of the second-guaranteed bonds shall be June 2018.

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