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Reasons
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(영문) 서울중앙지방법원 2017.02.03 2016가합514515
양수금등 청구의 소
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1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 1,016,598,875 and KRW 1,012,06,575 among them.

Reasons

1. Determination as to the claim against Defendant A, and B

A. The description of the claim is as shown in the annexed sheet of claim.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant Hachiethyl Co., Ltd.

(a) The following facts of recognition do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 4, Gap evidence No. 6-5, and Gap evidence No. 8 to 11 (including each number), by integrating the whole purport of the pleadings:

1) On May 30, 2013, the Plaintiff’s claim for principal and interest of the bonds (A) AB-invested Securities Co., Ltd. entered into an underwriting contract (hereinafter “instant underwriting contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), and paid KRW 1,00,000,000 for the bonds issued by the said Defendant to Defendant A.

Defendant B jointly and severally guaranteed the obligation to pay the principal and interest of bonds to be borne by Defendant A according to the instant underwriting agreement.

§ 4. (Terms of Issuance of Bonds)

1. Trade name of issuing company: A stock company;

2. Name of bonds: First-guaranteed private equity bonds (three-year maturity) of A stock company;

4. Total face value of bonds: KRW 1,000,000,000 for guaranteed private equity bonds (one hundred million,000 won).

6. The issue value of bonds: The total face value of each bond shall be 100%;

(Value-to-face Issuance)

8. Return on issuance of bonds: 4.82% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

10. Method and deadline for repayment of bonds: The principal of the first-guaranteed bonds shall be redeemed temporarily on May 30, 2016;

12. Method and deadline for payment of interest: The interest of the “this bond” shall be calculated from the date of issue until the date preceding the date of redemption of the principal, and the amount calculated by multiplying the balance of the outstanding principal of the “this bond” as of the date immediately preceding the date of payment of interest by the rate calculated by dividing it by 4.

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