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(영문) 의정부지방법원 고양지원 2018.06.15 2016가합75664
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,009,985,706 and KRW 1,005,531,506 among them, with full payment from March 26, 2012.

Reasons

1. Facts of recognition;

A. (1) On May 25, 2010, the new securities company acquired the bonds of the new securities company (1) with B on May 25, 2010, the new securities company acquired the bonds of the non-guaranteed private placement (hereinafter “instant bonds”) issued by B in KRW 1 billion and entered into an agreement to underwrite non-guaranteed private placement bonds (hereinafter “instant bonds acquisition agreement”) with the special purpose company. On the same day, the Defendant jointly and severally guaranteed the principal and interest obligation of B on the bonds of the new securities company under the instant bonds acquisition agreement.

(A) Article 1 (Purpose of Subscription to Bonds) Section B (Purpose of Subscription) intends to raise funds necessary for the business through the issuance of the bonds in this case, and the new securities corporation intends to acquire the bonds in this case for the purpose of using them in the securitization of corporate bonds pursuant to the Asset-Backed Securitization Act and transfer them to a special purpose company.

Article 4 (Terms and Conditions of Issuance of Bonds in this case) The terms and conditions of issuance of bonds in this case issued by B shall be as follows:

1. Trade name of issuing company: A stock company;

3. Name of bonds: First-guaranteed private equity bonds (three-year maturity) in a stock company B.

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

5. Total face value of bonds: 1,000,000 won for first-guaranteed private equity bonds.

6. Issuance price of bonds: 100% of the total face value of bonds;

9. Return on issuance of bonds: 6.73% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

10. The surface interest rate of the bonds of this case: The surface interest rate of the bonds of this case shall be the same interest rate as the issue rate.

(hereinafter) Method and deadline for repayment of the bonds: The method and deadline for payment of interest on May 25, 2013: The interest of the bonds in this case shall be calculated from the date of issuance to the date before the date of repayment of principal, and the interest rate under subparagraph 10 shall be the balance of the outstanding principal of the bonds in this case as of the date immediately before the date of payment of interest at each of the following payment.

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