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(영문) 서울중앙지방법원 2016.11.02 2013가합561404
양수금 등
Text

A. The trustee in bankruptcy of the bankrupt debtor A, a trustee in bankruptcy of the defendant corporation A.

Reasons

Basic Facts

On May 18, 2011, the Plaintiff (hereinafter “Plaintiff”) entered into a contract with A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to acquire non-guaranteed private equity bonds (hereinafter “instant bonds”) (including the principal and interest of the outstanding bonds) with the trustee in bankruptcy of the debtor A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) who takes over the lawsuit of the defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.). The Defendant Co., Ltd. paid KRW 2 billion on the total face value of the bonds issued by the defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the redemption date, May 18, 2014; the return rate of 7.09% per annum on the issuance date; and the overdue interest rate of 21% per annum [including the date on which the principal and interest of the outstanding bonds are paid) from each due date to the actual payment date (hereinafter “instant bonds”). At the time of the joint principal director of the Defendant Co., Ltd., Ltd. (hereinafter “Defendant Co.”).

On May 18, 201, Nonparty Company concluded a contract for transfer of securitization assets under the Asset-Backed Securitization Act (hereinafter “instant contract for transfer of securitization assets”) with the Plaintiff, and transferred the principal and interest of the instant bonds to the Plaintiff.

Meanwhile, according to Article 4(19)(b) of the Agreement on the Acquisition of Bonds, the benefit arising from the commencement of rehabilitation procedures, filing of a petition for bankruptcy, and filing of an application for international bankruptcy proceedings against the Defendant Company, which is the issuing company, is lost. The Defendant Company, as the issuing company, paid the last interest on February 18, 2013, stating that the Plaintiff filed with the warden an application for commencement of rehabilitation procedures on May 6, 2013. However, according to the evidence evidence No. 7, the date on which the Defendant Company applied for commencement of rehabilitation procedures, is the date on which the Defendant Company filed an application for commencement of rehabilitation procedures on April 26, 2013.

By filing an application for commencement of rehabilitation procedures, the company lost the benefit of the bonds of this case.

The bonds of this case.

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