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(영문) 서울중앙지방법원 2020.07.23 2019가합572291
양수금등 청구의 소
Text

1. As to KRW 446,719,525 and KRW 442,847,945 among the Plaintiff, Defendant B shall be from July 8, 2019 to January 31, 2020.

Reasons

1. Basic facts

A. 1) E Co., Ltd. (hereinafter “E”) such as the issuance of bonds by Defendant D and joint and several sureties by Defendant B

D Co., Ltd. (hereinafter “D”) on May 24, 2018

) Unguaranteed privately placed bonds of KRW 440 million (interest rate of KRW 5.237% per annum; hereinafter referred to as “instant bonds”) issued by the Corporation.

2) The term “this case’s subscription agreement” (hereinafter referred to as “instant subscription agreement”).

(2) Article 4 Subparag. 13(b) of the Asset-Backed Securitization Agreement provides that “When benefit under subparagraph 18 is lost, interest under subparagraph 18 shall be paid due to the due date (including the due date) and interest of the outstanding principal and interest of the bonds during the period from the date of loss of interest (including the due date) to the actual payment date (including the due date), overdue interest shall be paid at the rate of damages determined by the Korea Credit Guarantee Fund.” Article 4 Subparag. 18(d) provides that “D shall lose the benefit under the bonds or loans other than the bonds of this case, or shall lose the benefit under the bonds of this case if it fails to meet its obligation to repay the principal and interest of the bonds of this case.” Article 10(2) provides that “Where D loses the benefit under the bonds of this case or fails to perform its obligation, it shall bear the expenses incurred in legal procedures, such as the expenses incurred in relation to claims preservation, etc. arising from failure to perform its obligation to repay the principal and interest of the bonds of this case.”

3) On May 24, 2019, D paid interest on the instant bonds, and on July 8, 2019, D lost the benefit of the instant bonds on July 8, 2019, by delinquency in interest of KRW 300 million loaned from F. 40 million. The Plaintiff spent the total amount of KRW 3,871,580 with the debt preservation expenses related to the instant bonds, and the rate of damages determined by the Credit Guarantee Fund is 8% per annum from April 1, 2019 to the date.

B. Defendant B’s disposal disposition on July 1, 2019 is indicated in the separate sheet in which Defendant B and his wife own 1/2 shares.

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