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(영문) 서울중앙지방법원 2014.06.25 2013가합542205
양수금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Conclusion of a contract to underwrite privately placed bonds and a contract to transfer securitized assets 1) Non-party Dongyang Comprehensive Finance Co., Ltd. (hereinafter “Dong Yang Comprehensive Finance”).

Around April 21, 2010, Nonparty U.S. Co., Ltd. (hereinafter referred to as “N.S.C”)

B) As between the Company, the total face value of the Company is KRW 2 billion; the issue value of the Company is KRW 2 billion; the issue value of the Company is 100% of the face value of the Bonds; and the rate of return of the Bonds is 5.93% per annum; and the first-guaranteed private equity bonds issued by the Non-Party Company (hereinafter “instant bonds”).

(2) The agreement was concluded between Yang comprehensive Finance and U.S.C. on the acquisition of the outstanding principal of the bonds of this case at the time of the above contract. The principal of the bonds of this case shall be temporarily repaid on April 21, 2013, and the interest of the bonds of this case shall be calculated from the date of issuance to the date preceding the date of redemption of principal, and the interest of the bonds of this case shall be calculated from July 21, 2010 to April 21, 2013 by the rate calculated by multiplying the balance of the outstanding principal of the bonds as of the 21st day of the month immediately preceding each of the above dates by 4 divided by the surface interest rate of the bonds.

3) On April 21, 2010, the Plaintiff entered into a contract on the transfer of securitization assets with respect to the bonds of this case with U.S. and the principal and interest on which U.S. bonds were transferred from U.S., and around that time, the Plaintiff received the transfer of the principal and interest on the bonds of this case against U.S.C..

2. As of June 27, 2012, the principal and interest and substitute payment based on the bonds of this case pertaining to the Plaintiff’s U.S. as of June 27, 2012, which were the date of loss of the above-mentioned benefit, are KRW 2 billion in the principal of the bonds, and interest KRW 22,095,342 accrued from April 21, 2012 to June 27, 2012, which began not to pay interest.

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