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(영문) 서울중앙지방법원 2020.06.18 2019가합567824
양수금등 청구의 소
Text

1. As to Defendant B and C’s joint and several liability for KRW 457,679,356 and KRW 455,025,106 among them, Defendant B and C’s joint and several liability for damages incurred to the Plaintiff on May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff Company B and C’s claim 1) E is the Defendant Company B (hereinafter “Defendant Company”) on December 20, 2018

(1) In paying KRW 450,000 to the Defendant Company, the Defendant Company’s issuance of the “second-time non-guaranteed private equity bond” was accepted, and the Defendant C guaranteed the principal and interest payment obligation of the Defendant Company under the said non-guaranteed bond acquisition agreement (hereinafter “instant bonds acquisition agreement”).

(2) Under the corporate bonds acquisition agreement of this case, the agreement calculated by the ratio of 5.61% per annum with respect to the principal of the Defendant Company E on December 20, 2020 shall be paid in installments each quarter, and the Defendant Company shall be paid in installments to the Defendant Company: (2) in the event a cause for registration of information, such as information on payment by subrogation under the F’s Credit Information Management Rules, occurs; (3) in the event the Defendant Company loses the benefit of time, the due date shall be immediately lost; and (4) in the event the Defendant Company loses the due date, the unpaid principal and interest due to the due date (including the due date) shall be paid at the rate of overdue interest determined by the Korea Credit Guarantee Fund from the date of actual payment (including the due date) to the due date; and (4) in the case of the legal procedure cost incurred

(3) On December 20, 2018, the Plaintiff acquired all rights to the Defendant Company and C under the instant bond acquisition contract from E Co., Ltd. on December 20, 2018 (see Articles 4 and 10 of the instant bond acquisition contract). (b) The Defendant Company was registered with F on May 31, 2019 due to the shortage of deposits, and the Plaintiff lost its interest under the instant bond acquisition contract.

2) Meanwhile, the amount of damages determined by the Korea Credit Guarantee Fund is 8% per annum from April 1, 2019. (c) Defendant Company’s real estate sale and purchase of real estate and assignment of claims of Defendant Company 1) is equal to H “K in Nam-si, Nam-si, a factory owned by Defendant Company, on April 30, 2019.”

1.2.2.20

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