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(영문) 서울남부지방법원 2013.03.29 2012가합101665
연체이자 등 지급청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 23, 2009, the Defendant entered into a contract for the public offering of new bonds (hereinafter “instant contract for the public offering of new bonds”) with Daewoo Securities Co., Ltd. (hereinafter “Treatment Securities”) as indicated in the separate sheet, and on May 11, 2009, the Defendant issued a 10-time Unguaranteed Bonds Co., Ltd. (hereinafter “instant bonds”).

B. On January 6, 2010, the Defendant’s creditor bank, etc. established a management procedure under the Corporate Restructuring Promotion Act (hereinafter “management procedure of this case”) with respect to the Defendant. On January 7, 2010, a public announcement was made that the Defendant’s creditor bank, etc. lost the benefit of time for the instant bonds upon the commencement of the management procedure of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff acquired the instant bonds before January 6, 2010, where the cause for the Plaintiff’s loss of benefit of time occurred.

The Plaintiff, as the instant bondholder, is subject to the instant public offering subscription consignment agreement. According to Article 3-1 of the instant public offering subscription consignment agreement, pursuant to Article 3-1 of the instant public offering subscription consignment agreement, the Defendant would immediately lose the Defendant’s benefit, and pay the principal, interest, and maturity redemption of the instant bonds. As such, the due date for the instant bonds, which commenced the management procedure, arrived on January 6, 20

Therefore, the Defendant, on the same day, stipulated in the subscription agreement of this case as to the principal, all interest (7% interest per annum from November 11, 2009 to January 6, 2010), maturity repayment [the amount corresponding to the period from the date of issuance to the date of loss of maturity from the date of payment of the principal (10.346% of the principal amount) paid pursuant to Article 1-2(9) of the subscription agreement of this case] and each of the above amounts, which were unpaid to the Plaintiff on the same day, from January 7, 2010 to the date of full payment.

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