beta
Text
1. Plaintiff A’s bankruptcy trustee of Defendant A, who is a limited liability company specializing in the first securitization of the new 201 Financial Investment Services and Capital Markets.
Reasons
1. Basic facts
A. On May 18, 201, E Co., Ltd. (hereinafter “Issue”) entered into a contract on the acquisition of a guarantee private equity bond (hereinafter “instant bond”) issued by the issuing company with the acquiring company at the face value of KRW 500,000,000, which is issued by the issuing company, for the purpose of transferring the bonds to the Plaintiff as a special purpose company and allowing the Plaintiff to issue the CBO, and the acquiring company entered into a contract on the acquisition of the instant bonds from the issuing company (hereinafter “instant bond acquisition contract”). On the same day, the acquiring company acquired the right to the instant bonds by concluding a transfer contract with the Plaintiff, and the bankrupt A (hereinafter “A”) who is the representative director of the issuing company, jointly and severally guaranteed the obligations of the issuing company under the instant bond acquisition contract with the Plaintiff.
B. On November 4, 2013, the issuing company lost the benefit of time of the instant bonds due to the due diligence.
The principal and interest of bonds owed to the Plaintiff by the issuing company and A are KRW 506,528,493 (the interest rate of KRW 500,000,000 on the bonds in this case as of November 4, 2013 from August 18, 2013 to November 4, 2013). The interest rate of KRW 6.11% per annum from August 18, 2013 to November 4, 2013. The Plaintiff spent KRW 2,290,940 on the bonds preservation expenses.
C. On October 24, 2013, Defendant C and D entered into a sales contract (hereinafter “instant sales contract”) with respect to the purchase price of KRW 480,00,000 with respect to the area of 2638 square meters (hereinafter “instant real estate”) prior to the Seo-gu Incheon, Seo-gu, Incheon. On the following day, A entered into a sales contract with Defendant C and D, and on October 25, 2013, the ownership transfer registration for the instant real estate was completed under the said Defendants’ name (each of 1/2 shares owned) in accordance with the said contract.
At the time of the instant sales contract, the Real Estate in this case was combined with the Nonghyup Bank Co., Ltd. after division and the following division.