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1. The defendant shall jointly and severally with C to the plaintiff 813,171,730 won and its related amount from December 26, 2019 to March 16, 2020.
Reasons
1. Facts of recognition;
A. (1) On November 23, 2018, D Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of the company omitted) entered into a contract with C to acquire the 4-time non-guaranteed private equity bonds (hereinafter referred to as “instant bonds”) of the face value of KRW 819,200,000 issued by C (hereinafter referred to as “instant bonds”). The Defendant, as the representative director of C, jointly and severally guaranteed the instant bonds under the instant acquisition contract.
Article 4 (Terms of Repayment and Time Limit of Bonds): The repayment method and time limit of the Bonds: KRW 81,920,000 among the Principal of the Bonds in this case (hereinafter “first installment repayment”) shall be repaid in installments on November 23, 2019 (hereinafter “first installment repayment date”) and KRW 737,280,000 (hereinafter “second installment repayment”) on November 23, 2020 (hereinafter “second installment repayment date”).
Provided, That if the date of each installment repayment is not the banking business of the Republic of Korea, the date of repayment shall immediately be the date of business repayment.
12. Method and deadline for payment of interest: The interest on the bonds of this case shall be calculated from the date of issue to the date preceding the date of each installment payment, and the amount calculated by multiplying the outstanding principal of this case as of the date immediately preceding the date of payment of interest by the rate calculated by dividing the interest rate referred to in subparagraph 9 by 4 shall be paid thereafter.
However, if the date of payment is not the banking business of the Republic of Korea, it shall immediately be the date of repayment of the business.
The interest on February 23, 2019; May 23, 2019; August 23, 2019; November 23, 2019; and February 23, 2020; May 23, 2020; August 23, 2020; and November 23, 2020: if the issuing company (C) fails to pay the principal or interest on the bonds of this case on the date set forth in subparagraphs 10 through 12, the rate of 10% per annum shall apply to the principal and interest on the unpaid bonds during the period from each payment date (including the day to the actual payment date (including the day) to the actual payment date.