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(영문) 서울중앙지방법원 2018.08.13 2018가합514984
양수금 등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,518,443,501 and KRW 1,500,000 among themselves.

Reasons

Facts of recognition

On October 14, 2014, Korea Investment Securities Co., Ltd. entered into a bond acquisition agreement with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) on the following non-guaranteed private bonds issued by Defendant A (hereinafter referred to as “instant bonds”) to acquire the bonds and transfer them to the Plaintiff. At that time, Defendant B (the representative director of Defendant A) jointly and severally guaranteed Defendant A’s obligation to pay the principal and interest of the instant bonds.

On October 14, 2014, Korea Investment Securities Co., Ltd. paid 1.5 billion won of the bonds of this case to Defendant A.

1. Issuing company: Defendant A;

2. Name of bonds: First-guaranteed private equity bonds (three-year maturity) of a stock company A;

3. Types of bonds: Unguaranteed private equity bonds in bearer form.

4. Total face value of bonds: The first-guaranteed private equity bond amounting to KRW 1.5 billion (1.5 billion won).

5. The issue value of bonds: 100% of the total face value of each bond;

6. Class of each bond: One set of note 100 million won.

8. Return on issuance of bonds: 3.442% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

9. The surface interest rate of the bonds: The surface interest rate of the bonds shall be the same interest rate as the above issuance rate.

10. The principal of a non-guaranteed bond shall be redeemed on October 14, 2017.

Provided, That if the repayment date is not the banking business of the Republic of Korea, the immediately following business day shall be the repayment date.

12. Method and deadline for payment of interest: The interest on the bonds shall be calculated from the date of issue to the date preceding the date of redemption of principal, and the amount calculated by multiplying the balance of the outstanding principal of the bonds as of the date immediately preceding the date of payment of interest by the rate obtained by dividing the face interest rate of the bonds by four.

Provided, That if the date of payment is not the banking business of the Republic of Korea, interest shall be paid immediately after the business day.

In January 14, 2015, April 14, 2015; and July 14, 2015;

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