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(영문) 서울중앙지방법원 2020.05.07 2017가합524236
양수금 등
Text

1. The plaintiff succeeding intervenor's lawsuit against defendant D, E, and H shall be dismissed.

2. The defendant B and C shall be jointly and severally liable.

Reasons

Facts of recognition

On September 24, 2014, L Co., Ltd. (hereinafter “L”) created the obligation to repay the principal and interest of the bonds (hereinafter “L”) acquired the third unsecured private equity bonds (hereinafter “instant bonds”) with the total face value of KRW 400,000,000 issued by the Defendant Company. On the same day, Defendant C guaranteed the obligation to pay the principal and interest of the instant bonds as the representative director of the Defendant Company.

L and Defendant Company agreed that the interest rate of the instant bonds shall be 5.506% per annum, the date of redemption of principal shall be September 24, 2016, and the overdue interest rate shall be the interest rate set by the Credit Guarantee Fund, and the overdue interest rate shall be “the Defendant Company shall lose the benefit of time when the issuance, endorsement, guarantee, acceptance of bills or checks issued by the Defendant Company are defaulted or when the bank transaction is suspended due to other reasons

In addition, the Korea Credit Guarantee Fund set the above overdue interest rate at 10% per annum.

On the other hand, L and the Defendant Company agreed to transfer the instant bonds to the Plaintiff at the time of concluding the said bonds subscription agreement, and L transferred the principal and interest of the instant bonds to the Plaintiff on September 24, 2014 in accordance with the said agreement.

On May 25, 2016, the Defendant Company lost the benefit of the deadline for the principal and interest of the instant bonds as its current account transaction was suspended due to the default of bills.

Accordingly, the defendant company's principal of the bonds 400,000,000 and interest 3,741,063 won up to May 24, 2016 (=40,000,000,000 x 5.506% x 62/365 x 62/365) and the obligation to repay 8,015,420 won.

On March 15, 2016, Defendant C sold real estate listed in the attached list No. 1 to Defendant D (hereinafter “instant sales contract”) and completed the registration of ownership transfer under Article 5218, instead of the Changwon District Court on March 8, 2016.

On March 29, 2016, the Defendant Company and the Defendant Company set the obligor Company, the mortgagee E, and the maximum debt amount at KRW 200,000,00 with respect to each immovable set forth in the separate sheet No. 2, which is set forth in the separate sheet No. 2.

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