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(영문) 서울남부지방법원 2012.09.25 2012가합3006
금원지급
Text

1. The defendant is either 2,290,314 won, 11,451,571 won, and the plaintiff corporation.

Reasons

Basic Facts

The Defendant, on April 23, 2009, entered into a contract for the public offering of new bonds (hereinafter “instant contract for the public offering of new bonds”) with Daewoo Securities Co., Ltd. (hereinafter “Treatment Securities”), and on May 11, 2009, issued the 10th Non-Guaranteed Bonds Co., Ltd. (hereinafter “instant bonds”). The Plaintiff A and C shall be equivalent to KRW 100 million of each of the instant bonds; the Plaintiff B shall be equivalent to KRW 50 million of the instant bonds; and the Plaintiff B shall be equivalent to KRW 1.1 billion of the instant bonds; and the Plaintiff B shall be entitled to KRW 1.1 billion of the instant bonds, respectively.

On January 6, 2010, the Defendant’s creditor bank, etc. established a management procedure under the Corporate Restructuring Promotion Act (hereinafter “instant management procedure”) against the Defendant. On January 7, 2010, the public announcement was made that the instant bonds were lost due to the commencement of the management procedure.

Even after the commencement of the instant management procedure, the Plaintiffs received an ordinary payment of interest equivalent to 7% per annum on the instant bonds over ten occasions from February 11, 2010 to May 11, 2012, as indicated in the instant agreement, as indicated below. On May 11, 2012, the repayment of maturity equivalent to 110.3466% of the principal of the bonds was received.

The highest rate of 19,250,00 won, respectively, 1,750,00 won 8,750,000 won, respectively, on February 11, 201, respectively, for Plaintiff B C’s Plaintiff C’s Republic of Korea’s head office after May 11, 2010, which is the highest rate of 19,250,000 won, for Seoul Commercial Bank’s head office after May 11, 2011, 201; the highest rate of 11,750,00 won for Plaintiff C’s Republic of Korea’s head office after May 12, 201; the highest rate of 10,60,600,000 won for Seoul Commercial Bank’s head office after May 11, 2011; the highest rate of 20,360,360,6316,206,200,636,2010.

[Reasons for Recognition]

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