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1. The Defendant Company A, B, andC shall jointly and severally serve for the Plaintiff KRW 1,515,671,820, and KRW 1,513,954,520, respectively.
Reasons
1. Indication of claim;
A. 1) Claim for acquisition of shares 1) Dong Securities Co., Ltd. (hereinafter “Nonindicted Company”)
Defendant A Co., Ltd. (hereinafter “Defendant Company”) on May 25, 2010
(2) Defendant C and Defendant C jointly and severally guaranteed the Defendant Company’s debt regarding the aforesaid private equity subscription contract. The Defendant C and the Defendant B jointly and severally guaranteed the Defendant Company’s debt amount to KRW 1,500,000.
3) The non-party company and the defendant company agreed to acquire the above bonds under the Asset-Backed Securitization Act, and then transfer them to the plaintiff to issue the asset-backed securities. (4) On May 25, 2010, the plaintiff entered into a contract for transfer of securitization assets with the non-party company, and acquired the principal and interest claims based on the above privately placed bond subscription contract.
5) On April 18, 2013, Defendant Company lost the benefit of time due to delay in the performance of its obligations under the above contract. 6) The amount to be paid by Defendant Company to the Plaintiff on the basis of the date of loss of the said period is KRW 1,50,00,000, interest of KRW 13,954,520, interest of KRW 13,954,520, substitute payment of KRW 1,717,30, total of KRW 1,515,671,820.
7) The Plaintiff is jointly and severally liable to pay interest in arrears calculated by the agreement rate of 21% per annum from April 18, 2013, which is the date of loss of interest due, to the date of full payment, on the aggregate of KRW 1,515,671,820 among the Defendant Company and C and B, as well as the principal and interest thereof, from April 18, 2013 to the date of full payment. (B) The Defendant B, as a joint guarantor of the above corporate bonds acquisition contract, is liable to pay the Plaintiff interest at the rate of 21% per annum. (2) The Defendant B, as a joint guarantor of the above corporate bonds acquisition contract, was jointly and severally liable to the Plaintiff on February 25, 2013, immediately before the loss of interest due to each of the attached real estate owned by the Plaintiff, and completed the registration of ownership transfer on the ground thereof.
2) The above disposal act constitutes a fraudulent act detrimental to the Plaintiff, who is a creditor, and is presumed to be a beneficiary, Defendant D and E’s bad faith. 3) The Plaintiff is a fraudulent act, respectively.