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(영문) 창원지방법원 2014.12.18 2013가합34495
사채금 등
Text

1. The defendant A:

A. Plaintiff 201, the third asset-backed securitization company specialized in Plaintiff 201, the amount of KRW 1,017,194,870, and the amount among them 1,015.

Reasons

1. Basic facts

A. According to the asset-backed securitization plan, the Plaintiffs are limited companies that are governed by financial institutions established for the purpose of acquiring or transferring assets, or entrusting trust companies with the acquisition of assets pursuant to the Asset-Backed Securitization Act, and carry out asset-backed securitization by submitting an application for registration of asset-backed securitization plan to the Financial Supervisory Commission. According to the asset-backed securitization plan, securities companies take over corporate bonds or loans issued by small and medium enterprises and transfer them to the Plaintiffs, and the Plaintiffs are raising funds by issuing senior bonds and subordinated bonds with the limit on credit extension by financial

B. On September 28, 2011, the Plaintiffs’ bonds 1) K non-investment securities Co., Ltd. (hereinafter “K non-investment securities”) concluded an underwriting contract for “second-time non-guaranteed private equity bonds” (hereinafter “first-time non-guaranteed private equity bonds”) as indicated in the attached Table 5 issued by the Namyang Industry (hereinafter “Namyang Industry”) with the Namyang Industry, and paid KRW 1 billion to the Namyang Industry. In this case, Defendant A jointly and severally guaranteed the above bonds payment obligation.

B) In addition, the KNF securities are an underwriting contract (hereinafter “instant 2 acquisition contract”) with respect to “third-time non-guaranteed private equity bonds” listed in the attached Table 6, which is issued by the South and South Industry, between South and South Korea on June 21, 2012.

(2) On September 28, 2011, Plaintiff 201, the third asset-backed securitization specialized company (hereinafter “Plaintiff 1”) is a limited liability company (hereinafter “Plaintiff 1 company”) in the case where: (a) Defendant A had jointly and severally guaranteed the obligation to pay the bond amount; and (b) Defendant A had jointly and severally guaranteed the obligation to pay the bond amount.

As seen earlier.

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