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(영문) 서울중앙지방법원 2015.01.22 2014가합507759
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 916,439,558 and KRW 912,839,178 from April 19, 2013 to August 19, 2014.

Reasons

Description of Claim

On September 26, 2012, the secondary bond interest rate is 6.35% per annum, and the redemption date of the principal of the bonds as of September 26, 2014, the secondary bond interest rate is 6.35% per annum, and the interest rate is 15% per annum on the principal of the bonds issued by the Defendant Company from the Defendant Company A (hereinafter referred to as the “Defendant Company”) on September 26, 2012, and the Defendant Company acquired the legal procedure expenses due to the Defendant Company’s failure to pay the principal and interest of the bonds at the interest rate of 15% per annum from the date of loss of profits due to the due date.

Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the above underwriting agreement.

On September 26, 2012, the subsidiary securities concluded a contract for the transfer of securitization assets with the Plaintiff under the Asset-Backed Securitization Act, and transferred the principal and interest of the bonds under the said underwriting contract to the Plaintiff.

On March 18, 2013, the Defendant Company lost the benefit of time by filing an application for rehabilitation under the Debtor Rehabilitation and Bankruptcy Act (In Incheon District Court 2013 Ma12, 2013). As of the date of loss of the benefit of time, the amount of the principal and interest of the above bonds under the above underwriting contract was KRW 912,839,178, totaling the principal and interest of KRW 912,839,178, and the Plaintiff paid the legal procedure expenses of KRW 3,60,380 in total to preserve the principal and interest of the bonds.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of principal and interest on the above debentures and legal procedure costs plus KRW 916,439,558 (i.e., KRW 912,839, KRW 178, KRW 3,600,380) as well as damages for delay calculated at the rate of 15% per annum from April 19, 2013 to August 19, 2014, which is the delivery date of a duplicate of the instant complaint, as agreed interest rate of KRW 912,839,38.

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

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