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(영문) 서울중앙지방법원 2015.07.02 2014가합565489
양수금
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 1,009,786,046 and KRW 1,005,171,506 among them.

Reasons

1. Facts of recognition;

A. On April 25, 2013, the Plaintiff’s claim 1) Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities Co., Ltd.”) entered into an underwriting contract for the 9th non-guaranteed private equity bonds (hereinafter “instant underwriting contract”) (hereinafter “instant bonds”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on April 25, 2013, with KRW 1 billion in total face value, KRW 5.72% in total on the date of redemption, KRW 5.72% per annum, and interest rate per annum 12% in arrears (from the date of loss of the benefit due to the due date, overdue interest from the date of loss of the benefit due date) and paid KRW 1 billion in total to the Plaintiff on April 25, 2013. At this time, the Defendant B transferred the principal and interest of the instant bonds to the Plaintiff on April 25, 2013.

3) The instant underwriting agreement states that “When Defendant A, an issuer, loses the benefit of time or causes for nonperformance to pay bonds, loans, and other obligations other than the instant bonds, or causes for nonperformance occur, the benefit of time shall be lost.” Defendant A lost the benefit of time of the instant bonds on August 27, 2013. (4) The amount of the principal and interest of the instant bonds against the Plaintiff of Defendant A and B was KRW 1,005,171,506 as of August 27, 2013 [the amount of the principal and interest of the instant bonds exceeds KRW 1,00,000,000 and KRW 5,171,506 (=1,00,000,0000 x 5.72% x 5.72% x 36% from the day immediately following the final payment of interest until August 25, 2013].

5. Meanwhile, at the time of the instant underwriting contract, Defendant A agreed to bear the expenses incurred in all legal procedures, such as the expenses incurred in taking measures to preserve claims, the expenses incurred in transferring security rights, the costs incurred in executing the said contract, and the costs of executing the said contract. The Plaintiff spent KRW 4,614,540 as the expenses incurred in taking measures to preserve claims against Defendant A.

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