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(영문) 서울중앙지방법원 2018.02.09 2016가합558119
양수금등 청구의 소
Text

Defendant A and B jointly and severally

A. The Intervenor’s successor to the limited liability company specializing in the 14th securitization of the Plaintiff New York.

Reasons

Basic Facts

A. The KIKO Securities (1) between Defendant A and Defendant A on October 28, 2013: (a) the total face value of which is KRW 1 billion; (b) the date of redemption; (c) October 28, 2016; (d) 5.75% per annum of the return on issuance; and (e) the overdue interest shall be paid as follows; and (e) the third-time non-guaranteed private equity bonds (hereinafter “instant 1 bonds”).

1) The term “instant 1 bonds subscription agreement” (hereinafter referred to as “instant 1 bonds subscription agreement”).

A) A. A. Defendant A entered into an agreement, and paid KRW 1,00,000,000 for corporate bonds. Korea investment securities shall be paid KRW 320,000,000 in total face value, KRW 320,000 in total face value, KRW 23,000 in redemption date, KRW 5.103% in issuance rate, and overdue interest to be paid as follows:

2) The term “instant 2 bond subscription agreement” (hereinafter referred to as “instant 2 bond subscription agreement”)

(B) The overdue interest rate of KRW 320,00,00 has been paid to Defendant A. The overdue interest rate of KRW 13.0 shall be calculated by applying the rate of damages as determined by the Credit Guarantee Fund (the Intervenor succeeding to the Plaintiff 14th Company) to the outstanding principal and interest of the bonds during the period from the date of loss of interest (including the date of loss of interest) to the actual payment (including the date of actual payment) to the date when the benefit under subparagraph 18 has been lost. The loss of Defendant A’s due interest under subparagraph (a) to (e) of this case shall immediately lose the due interest on the bonds of this case without notice of loss of interest due to the occurrence of the following causes. (a) When Defendant A issued, endorsed, guaranteed, guaranteed, accepted bills or checks, or when bank transactions have been suspended due to other causes, Defendant B guaranteed the obligation to pay the principal and interest on the bonds of this case.

3) The Credit Guarantee Fund (the rate of damages prescribed by the Intervenor’s Intervenor’s 14th Company) shall be 12% per annum until January 31, 2016, and shall begin on the following day.

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