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(영문) 서울서부지방법원 2018.02.21 2017가합34714
배당이의
Text

1. The contract to establish a right to collateral security concluded on May 31, 2016 between the Defendant and B regarding the real estate stated in attached Table 1.

Reasons

1. Facts of recognition;

A. 1) The entry of a new financial investment company (hereinafter “stock company”) and a limited liability company in both the entry of “stock company” and “limited liability company” is omitted.

(2) On March 26, 2015, D and D, a new financial investment company that newly issued bonds without guarantee private placement is to acquire and transfer them to a special purpose company (hereinafter “instant bonds acquisition contract”).

(B) On the same day, B entered into a bond acquisition agreement and received debt for D’s new financial investment under the bond acquisition agreement of this case (the details of the bond acquisition agreement of this case and the related joint and several guarantee agreement are as follows:

2) Article 1(1) of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) provides that “The purpose of this case’s Asset-Backed Securitization Agreement is to raise funds necessary for the business through the issuance of the “this bond” and the new financial investment business is to be governed by

(1) For the purpose of corporate bond securitization under section 4, the term “this bonds” is to be acquired and transferred to the “special purpose company.”

4. Total face value of bonds: 1,800,000 won for second-time unsecured private equity bonds.

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

10. Method and deadline for repayment of bonds: The principal of the second-time guarantee privately placed bonds shall be temporarily redeemed on March 26, 2017.

17. The date of issuance of the "this bond": D's loss of the benefit of time on March 26, 2015: D's loss of the benefit of time; D's loss of the benefit of time on the "this bond" without the notification of the loss of time when any of the following (a) through (e) occurs; and when the cause of items (f) through (h) occurs, the benefit of time on the "this bond" shall be lost on the date ten (10) days after the notification of the loss of time by the holder of the new financial investment or "special purpose company" or "owner of this bond" shall be lost.

(B) With respect to D, an application for commencement of rehabilitation proceedings under the Debtor Rehabilitation and Bankruptcy Act;

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