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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,50,000,000 and the interest rate from December 21, 2010 to the date of full payment.
Reasons
1. The following facts are recognized according to the statements in Gap evidence Nos. 1 to 5, 18, and 19.
A. M&W truck LC (hereinafter “M&G LC”) is engaged in the business of constructing 160 households, regardless of whether it is in Denmark 1 area Denmark in Mongoliaan City (hereinafter “instant construction business”), and set up a private equity fund in the Republic of Korea in order to raise the fund (hereinafter “instant construction business”), and the operation of M&W truck LC Co., Ltd., and the trustee company is the Plaintiff, respectively.
B. Plus Asset Management Co., Ltd.: (a) recruited fund No. 20 billion won by creating flus privately placed overseas asset investment trust No. 2; and (b) the Plaintiff, the trustee company, entered into a contract with M&W on July 28, 2007 to underwrite corporate bonds issued as of August 1, 2007 with the face value of KRW 20 billion, interest rate of KRW 12.5% per annum, and maturity of August 10, 2009; and (c) paid damages for delay in addition to 30% per annum if M&C fails to repay the principal and interest of the above corporate bonds at the maturity date.
C. At the time of signing the above corporate bonds between MN and the Plaintiff, the Defendants jointly and severally guaranteed the obligation to repay the above corporate bonds against the Plaintiff in M&C.
On the other hand, on August 1, 2007, the construction company for the instant construction project (hereinafter “YD Construction”) entered into a contract with the Plaintiff and M&D branch to guarantee part of the said debt owed to the Plaintiff of M&D. However, M&W did not pay the principal amount of KRW 15,521,585,030 on August 10, 2009, the maturity date of the said corporate bonds, and interest amount of KRW 5,315,61, the Plaintiff filed an application with the Korea Commercial Arbitration Board for an arbitral award against the construction company.
Accordingly, the Korean Commercial Arbitration Board partly accepted the Plaintiff’s application for arbitral award, and the construction by South Korea shall bring the Plaintiff the sum of KRW 11.5 billion between October 25, 2010 and November 12, 2012.