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(영문) 서울중앙지방법원 2018.01.11 2017가합6790
양수금
Text

1. As to the Plaintiff’s KRW 1,655,597,260 and KRW 1,00,000,000 among them, Defendant A Co., Ltd. shall start from September 1, 2016.

Reasons

Description of Claim

On September 1, 2010, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) issued the 5th non-guaranteed general corporate bonds (hereinafter “instant corporate bonds”) with the following content.

The trade name of the issuing company: The name of the issuing company: The type of the general bond with non-guaranteed interest coupon No. 5 of the non-guaranteed interest coupon: The total face value of the bonds with non-guaranteed interest coupon No. 5: the issue value of the bonds with KRW 00 million: the issue value of the bonds with KRW 10 billion per day: the issue value of the bonds with KRW 100,000 (No. 10-10): the face value of each bond coupon No. 100% (0%) interest rate of the face value of each bond: 9.31% per year from the date of issuance to the date of redemption of principal.

(hereinafter omitted) Method and deadline for repayment of the principal of the bonds: 100% of the principal shall be paid in lump sum on September 1, 2013 for the bonds.

Provided, That if the repayment date is not the banking business day, it shall be the next business day, and the interest after the repayment date shall not be calculated.

On September 1, 2010, the date of issuance of this corporate bonds: The company that has acquired this corporate bonds on September 1, 2010: the date of issuance and the place of issuance of the corporate bonds issued: this company is registered with the Korea Securities Depository as a registration institution in accordance with the Registration of Bonds and Debentures Act, so the bonds are not to be issued separately.

Joint Guarantee

A. The joint and several sureties guarantees the repayment and payment of the principal and interest and overdue interest of this corporate bonds owed by the issuing company to the bondholders of this corporate bonds jointly with the issuing company.

Loss of Benefit in Time Limit of this Corporate Bonds

A. The bondholder of this company may, in the event that a cause falling under any of the following subparagraphs has occurred to the issuing company, immediately demand the issuing company to redeem all or part of the company bond pursuant to item (b) and the issuing company shall comply with such demand:

When a seizure, provisional seizure, provisional disposition, etc. occurs with respect to the assets of the issuing company, the issuing company.

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