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(영문) 서울중앙지방법원 2016.04.28 2015가합534628
사채금등 청구의소
Text

1. Defendant A Co., Ltd and B shall jointly and severally serve as the limited liability company specializing in the 9th securitization of the Plaintiff New Daily Co., Ltd. and the limited liability company specializing in the 1,005,655,571.

Reasons

1. The facts as to the claim against the defendant A and B do not conflict between the plaintiffs, the defendant A and the defendant A (hereinafter "the defendant corporation") and B, and the defendant corporation and B are obligated to pay the money as stated in paragraphs 1 and 2 of the Disposition.

2. Determination as to claims against Defendant C, D, E, and F

A. On May 30, 2013, a new financial investment company (hereinafter “new financial investment company”) with the issuance of corporate bonds by Defendant A and joint and several sureties by Defendant B (hereinafter “new financial investment”) entered into an underwriting agreement with the Defendant Company on the “first-time guarantee private equity bonds issued by the Defendant Company” (hereinafter “first-time bonds”) and paid KRW 1 billion to the Defendant Company. Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to pay the principal and interest of the bonds.

The rate of return on issuance of bonds: The method and deadline for repayment of the principal of the bonds at the rate of 5.38% per annum: May 30, 2016: The interest payment method and deadline for lump-sum repayment of principal shall be calculated by multiplying the balance of the outstanding principal of the bonds at the first time immediately preceding the date of the payment of interest by the rate obtained by dividing the face interest rate of the bonds by 4.

Interest: Interest rate: 12% per annum on the loss rate set by the Credit Guarantee Fund) Han Lan Investment Securities Co., Ltd. (hereinafter referred to as the “Korean Commercial Investment Securities”).

(2) On March 6, 2014, the Defendant Company issued “second-time non-guaranteed private equity bonds” (hereinafter “second-time non-guaranteed private equity bonds”) between the Defendant Company and the Defendant Company, and the combination of the first and second bonds of this case is referred to as “each of the instant bonds.”

The following underwriting contract was entered into with respect to the Defendant Company, and the amount of KRW 1 billion was paid to the Defendant Company, and the Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation to pay the principal and interest of the Defendant Company.

The rate of return on issuance of bonds: Method and deadline for repayment of the principal of bonds with 5.752% per annum: the principal on March 6, 2017.

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