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(영문) 광주지방법원 순천지원 2018.09.13 2018가합10907
양수금등 청구의 소
Text

1. The defendant A and B shall be jointly and severally liable;

A. Plaintiff New Daily 2014.402. 29,402 against a limited company specializing in the fourth securitization.

Reasons

1. Basic facts [based on recognition] A and B: Confession deemed as a confession (Article 150(3) and (1) of the Civil Procedure Act), the fact that there is no dispute against Defendant C, Gap evidence 1 through 13 (including paper numbers, hereinafter the same shall apply), Eul evidence 1, 2, and 5, and the purport of the whole pleadings;

A. On May 15, 2014, Plaintiff New Year 2014 (hereinafter “Plaintiff New Year 2014”) acquired the bonds of Plaintiff New Year 2014 (hereinafter “Plaintiff New Year 2014”) (hereinafter “AHM”) entered into a contract with Defendant Company 2, the representative director of Defendant Company, on May 15, 2014, by setting the annual interest rate of 10% per annum as the redemption date of principal and the interest rate of 50,000,000 won per annum (hereinafter “Defendant Company”) issued by Defendant Company A (hereinafter “Defendant Company”). The representative director of Defendant Company 2, on May 15, 2014, jointly and severally guaranteed the obligation of Defendant Company in accordance with the above contract.

(2) On May 15, 2014, Plaintiff Newcom 2014 concluded a contract for the transfer of securitization assets with ADM and acquired the bonds of AD in accordance with the underwriting contract for 1 bonds and 1 bonds.

B. On May 25, 2017, Plaintiff New Year 2017, and Plaintiff New Year 2017, and Plaintiff New Year 2017, and Plaintiff 2 concluded a contract to acquire bonds without guarantee (hereinafter “second-class bonds”) with the face value of KRW 490,000,000 (5.506% per annum) issued by Defendant Company on May 25, 2017, with the second-time non-guaranteed private equity bonds (hereinafter “second-class bonds”) with the face value of KRW 490,00,000 issued by Defendant Company on May 25, 2019 as the redemption date of principal, and 10% per annum, which is the interest rate set by the Korea Credit Guarantee Fund (hereinafter “second-class bonds acquisition contract”). Defendant B jointly and severally guaranteed Defendant Company’s obligations under the above contract.

(2) On May 25, 2017, Plaintiff New York 2017 entered into a contract for the transfer of securitization assets with the securities listed in the relevant securities, and acquired the bonds of AH in accordance with the underwriting agreement for 2 debentures and 2 debentures.

(c) the defendant company;

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