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(영문) 서울중앙지방법원 2020.06.04 2019가합530020
양수금
Text

1. As to Defendant B and C’s joint and several costs of KRW 505,829,364 and KRW 505,046,164 among them, Defendant B and C’s joint and several costs of KRW 505,829,364.

Reasons

1. Basic facts

A. The Plaintiff’s asset-backed securitization transaction (1) is a company established pursuant to the Asset-Backed Securitization Act and engaged in the asset-backed securitization business, such as acquisition, management, operation, and disposal of bonds, loans, and all rights related thereto (asset-backed assets). (2) On March 16, 2016, the Plaintiff acquired the bonds acquired by E Co., Ltd. (hereinafter “E”) by applying for registration of an asset-backed securitization plan and conducted a transaction to issue the bonds with securitization assets (hereinafter “asset-backed securitization transaction”).

B. 1) The Defendant B Co., Ltd. (hereinafter “B”) on March 24, 2016 as part of the instant asset-backed securitization transaction.

(2) The second non-guaranteed private bonds of KRW 500,000,000 (hereinafter “instant bonds”) and the face value arising from Defendant B’s occurrence

2) As to the subscription agreement for a non-guaranteed private equity bond (hereinafter “instant subscription agreement”) with the following contents:

(2) Defendant C, the representative director of Defendant B, had jointly and severally guaranteed the Defendant B’s obligation under the bond acquisition contract of this case at the time of concluding the bond acquisition contract of this case.

3) The main contents of the instant bond acquisition agreement are as follows. Article 1 (Purpose of Subscription for Bonds) “Issuance Company (Defendant B)” intends to raise funds necessary for its business through the issuance of “this bonds”, and the “acquisition Company (E)” is the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

(2) the corporate bond securitization (hereinafter referred to as “CBO transactions”) under this section.

For the purpose of use, the term "this bond" is acquired and transferred to "special purpose company (Plaintiff)". Article 2 (Definitions)

1.The term "this bond" means a non-guaranteed bond with the maturity of March 24, 2019 (if it is not a business day, the following business day), the total face value of which is equal to that of the issuing company, issued by "the issuing company";

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