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(영문) 서울중앙지방법원 2016.03.25 2015가합543905
사채금등 청구의소
Text

1. The defendant A:

A. Plaintiff New Daily 2012.3,849,315 won and its related thereto to a limited-liability company specializing in the third securitization.

Reasons

1. Facts of recognition;

A. The C Co., Ltd. and Defendant A’s joint guarantee 1) are limited to the C Co., Ltd. on April 26, 2012 (hereinafter “C”).

3) The third-time non-guaranteed private equity bonds issued by C and C (hereinafter “third-time non-guaranteed private equity bonds of this case”)

After entering into an underwriting contract with C as follows, one billion won was paid to C, and Defendant A, the representative director of C, jointly and severally guaranteed the obligation to pay the principal of and interest on the bonds of C. Interest: 5.62% per annum from the date of issuance to the date of redemption of principal: 15.62% per annum when the principal and interest are overdue: 15% per annum; 2% per annum when the principal and interest are overdue on April 26, 2015; 35% per annum; 4.3% per annum when the principal and interest are overdue on a lump-sum repayment; and 3.4 billion won per annum, after entering into an underwriting contract with C Co., Ltd and C on April 18, 2013 with respect to the “fourth-time non-guaranteed private equity bond (hereinafter “instant 4.”). Defendant A guaranteed the obligation to pay the principal and interest on the bonds of C.

Interest: Repayment of principal of 5.9% per annum from the date of issuance to the date of repayment of principal: overdue interest rate at the time of delinquency of principal and interest on a lump-sum repayment on April 18, 2015: The amount of damages determined by the Korea Credit Guarantee Fund (12%) Samsung Securities Co., Ltd. shall be the 5th non-guaranteed private equity bonds issued by C and C on April 7, 2014 (hereinafter “the 5th bonds of this case”); and the 3, 4, and 5th bonds of this case shall be “each bonds of this case.”

After concluding an underwriting contract with respect to the following contents, the amount of KRW 700 million was paid to C, and the Defendant A guaranteed the obligation to pay the principal and interest of the above bonds. Interest rate: 6.13% per annum from the date of issuance to the date before the date of repayment of the principal: The overdue interest rate at the time of the lump-sum repayment of the principal and interest: the rate of damages determined by the Credit Guarantee Fund (12% per annum).

B. On April 26, 2012, the Plaintiffs’ acquisition of the Plaintiff’s bonds 1 key securities company concluded a contract for the transfer of securitization assets with Plaintiff 1 on April 26, 2012.

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