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(영문) 서울중앙지방법원 2019.10.23 2018가합559550
양수금
Text

1. The intervenor succeeding to the plaintiff is jointly and severally liable to the defendant B and C, and the defendant D is jointly and severally liable to the defendant Eul.

Reasons

1. Basic facts

A. On September 22, 2015, E Co., Ltd. (hereinafter “E”) refers to “Defendant B” (hereinafter “Defendant B”) and “Defendant B” (hereinafter “Defendant F”)’s trade name was changed from March 11, 2016. As regards “first-time non-guaranteed private equity bonds issued by Defendant B” (hereinafter “instant bonds”), the following terms and conditions are “this case’s bonds acquisition agreement.”

(1) Upon receipt of the bonds of this case, Defendant C jointly and severally guaranteed the obligation to pay the bonds of this case under the bonds of this case. Upon receipt of the bonds of this case, Defendant C signed the bonds of this case with respect to the acquisition of the bonds of this case from Defendant B as part of the transaction structure in which the Plaintiff issued the bonds of this case by transferring the bonds of this case to the Plaintiff after the acquisition of the bonds of this case. Defendant B (the purpose of the bonds acquisition) seeks to raise funds necessary for the business through the issuance of the bonds of this case. Defendant B (the purpose of the bonds acquisition) is to acquire the bonds of this case and transfer them to the Plaintiff with the purpose of using them for the asset-backed securitization under the Asset-Backed Securitization Act. Article 4 (Conditions of Issuing Bonds of this case)

3. Total face value of bonds: 1,000,000 won.

8. Return on issuance of bonds: 4.080% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

10. Method and deadline for repayment of bonds: The principal shall be redeemed in lump sum on September 22, 208; and

13. If the principal or interest of the debentures has not been paid on the date set forth in sub-paragraph 10 to 12 above, the overdue interest calculated by applying the rate of damages determined by the Credit Guarantee Fund to the amount of the principal or interest of the unpaid debentures during the period from each due date (including the due date) to the actual due date (including the due date).

(b) If the benefit of time is lost pursuant to subparagraph 18, the transitional period from the date of loss of the benefit of time (including the day per day) to the date of actual payment (including the day per day).

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