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(영문) 서울중앙지방법원 2020.05.07 2018가합567049
양수금
Text

1. The Defendant shall grant to the Intervenor succeeding to the Plaintiff KRW 731,494,652 and KRW 726,815,322 from September 7, 2017 to March 7, 2019.

Reasons

1. Determination on the claim of the Plaintiff’s succeeding intervenor

A. 1) Basic Facts C Co., Ltd. (hereinafter “C”).

D Co., Ltd. (hereinafter “D”) on September 22, 2015

between D and D’s total face value of KRW 720,000,000 for guaranteed private equity bonds issued by D (hereinafter “instant bonds”).

(1) The following terms and conditions to acquire the bonds of this case (hereinafter referred to as the “bonds of this case”) are as follows:

Article 4 (Terms and Conditions for Issuance of Bonds) The Defendant, as the representative director of D, jointly and severally guaranteed the obligation to pay the principal and interest of the bonds under the Agreement on the Subscription of Bonds.

1. Trade name of issuing company: D;

2. Name of bonds: E;

4. Total face value of bonds: 720,000,000 won;

8. Return on issuance of bonds: 4.487% per annum from the date of issuance of the bonds to the date of redemption of principal.

Provided, That the rate of return on issuance shall apply where the same interest rate is different from the rate of return on issuance (referring to the rate of return calculated by adding 2.7% to the rate of return on the market price of a public-guaranteed corporate bond with two-year maturity as notified by the Korea Financial Investment Association prior to the date of issuance).

However, the rate of return on the issuance of this bond may be adjusted later through consultation between the issuing company and the acquiring company.

9. The surface interest rate of the debentures: The surface interest rate of “this debentures” shall be the same as the rate of return on issuance as above.

10. Method and deadline for the payment of interest: The interest on the “this bond” shall be calculated from the date of issue to the date before the date of redemption of the principal, and shall be calculated by multiplying the balance of the outstanding principal of the “this bond” as of the date immediately preceding the payment date of interest by the rate calculated by dividing the face interest rate of the bonds by

11.In the event that the “ issuer” fails to pay the principal or interest of the “this bond” on the date set forth in sub-paragraph 10(a)(12), the principal and interest of the unpaid bond shall be paid on the basis of each due date (including the due date).

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