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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,014,143,408 and KRW 1,01,219,178 among them.
Reasons
1. Basic facts
A. On November 22, 2010, Defendant A Co., Ltd. (hereinafter “A”) and secondary securities Co., Ltd. (hereinafter “B-registered securities”) concluded a contract with the effect that Defendant A, a non-guaranteed private equity bond (hereinafter “instant bonds”) issued with the face value of KRW 1,000,000,000, and that the non-registered securities Co., Ltd will transfer to the Plaintiff after acquiring the bonds (hereinafter “instant underwriting contract”). At the time, Defendant A, the representative director of Defendant A, was jointly and severally and severally liable for the obligations owed to the non-registered securities, and the main contents of the above contract are as follows.
Defendant A shall entrust the acceptance of the total amount of the bonds of this case to the subsidiary securities, and the subsidiary securities shall be accepted.
The principal of the bonds of this case shall be repaid in lump sum on November 22, 2013.
The interest rate of the bonds of this case is 6.3% per annum, and the interest rate in arrears is 21% per annum.
Defendant A loses the benefit of time due to bonds, loans, and other obligations due to repayment other than the bonds of this case, or upon occurrence of a cause for default, the benefit of time due to the bonds of this case shall be lost.
Defendant A shall bear the expenses incurred in all legal procedures, such as the expenses incurred in connection with the issuance of the instant bonds, the expenses incurred in relation to the preservation of claims, the expenses incurred in the transfer of security rights, the costs incurred in the execution of the instant bonds, and the expenses incurred in performing the obligation to repay the principal and interest of
B. On November 22, 2010, the Plaintiff acquired all the rights under the instant underwriting agreement as the Plaintiff received the instant bonds from the secondary securities.
C. On July 26, 2013, Defendant A lost the benefit of the term of the instant bonds by delaying the principal and interest of the loan to Han Bank.
As of July 26, 2013, interest accrued on the bonds of this case borne by Defendant A as of July 26, 2013 = 11,219,178 = 1,00,000,000 ¡¿ interest payment date.