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1. Defendant C and D Co., Ltd. are jointly and severally liable:
A. Plaintiff A limited liability company: KRW 1,010,615,529 and KRW 1,005, 705,479.
Reasons
1. Common factual relations;
A. On November 24, 2016, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) issued bonds and Defendant D’s joint and several surety (1) F Co., Ltd. (hereinafter “F”) concluded an underwriting contract with the Defendant Co., Ltd. as part of the transaction structure in which the Defendant Co., Ltd. transferred “Co. 4 non-guaranteed private equity bonds issued by the Defendant Co., Ltd. (hereinafter “instant four-time bonds”) to a special purpose company and issued bonds secured securities (CBO), and paid KRW 1 billion with the bond amount to the Defendant Co., Ltd.
At this time, Defendant D jointly and severally guaranteed the principal and interest obligation of Defendant D’s four-time bonds of this case.
(1) Issuing company: C’s name: C’ 4th Unguaranteed private equity bonds (3) : The total face value of the bonds: 1,00,000,000 won (1,000,000 won): The issue value of the bonds: 100% (5) of the total face value of the bonds: 4.250% (6) of the annual interest rate: The method and deadline for paying interest on the principal of the bonds: November 24, 2019; the method and deadline for paying interest on the temporary redemption of principal on the following interest payment date; the amount calculated by multiplying the outstanding balance of the bonds as of the date immediately preceding the payment date by the rate calculated by dividing the interest rate of the principal by 4.
From February 24, 2017 to November 24, 2019, February 24, 2017, May 24, August 24, August 24, and November 24, 2019: (a) When a “issuing company” fails to pay the principal or interest of the outstanding debentures on the date specified in subparagraphs 10 to 12, the overdue interest calculated by applying the rate of damages determined by the Credit Guarantee Fund for the principal and interest amount of the unpaid debentures during the period from February 24, 2017 to the actual payment date (including the due date).
(b) If the benefit of time is lost pursuant to subparagraph 18, the outstanding principal and interest of the bonds during the transitional period from the date of loss of time (including the date per annum) to the date of actual payment (including the date per annum).