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(영문) 서울중앙지방법원 2015.09.16 2015가합528722
사채금등 청구의소
Text

1. Defendant A and B Co., Ltd. jointly and severally with the Plaintiff KRW 1,512,917,240, and KRW 1,507,591,150, out of the above amount.

Reasons

The summary of the case is the case where the Plaintiff, who acquired the principal and interest of the bonds against Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.”), sought payment of the principal and interest of the bonds against Defendant A and Defendant B, a joint guarantor, and seeks revocation and reinstatement on the ground that the mortgage agreement on the real estate listed in the separate sheet between Defendant B and Defendant Jinjin Co., Ltd. (hereinafter referred to as “instant building”) is a fraudulent act.

On November 10, 2014, Korea Investment Securities Co., Ltd. established a claim based on the premise of the claim against Defendant U.S. P.C. entered into a non-guaranteed bond acquisition contract with the content that it will pay 12% interest per annum on the principal and interest of the bonds during the transitional period from the date of loss of due interest to the date of actual payment, and bear the legal procedural expenses paid for the preservation of the bonds.

The defendant A, the representative director of the defendant A, was jointly and severally liable for the debt of the defendant A according to the above bond acquisition contract.

On November 10, 2014, the Plaintiff entered into a contract for transfer of securitized assets under the Asset-Backed Securitization Act with Korea Investment Securities and succeeded to all the rights and obligations of Defendant A of the investment securities under the said contract for acquisition of the bonds.

On December 18, 2014, Defendant A lost the benefit of the term of the instant bonds as the guarantee by the Korea Credit Guarantee Fund was processed in bad faith due to other reasons.

As of December 17, 2014, the principal and interest of bonds as of December 17, 2014 are KRW 1,507,591,150 (= Principal KRW 7,591,150). The Plaintiff paid the legal procedural cost of KRW 5,326,090.

With respect to the instant building owned by Defendant B, such as registration relation, etc., KRW 100 million on December 5, 2014, the maximum debt amount arising from the contract to establish a mortgage prior to the creation of the mortgage on the same day.

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