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(영문) 서울중앙지방법원 2015.11.27 2013가합563042
손해배상(기)
Text

1. The Defendant’s KRW 8,050,114 as well as the Plaintiff’s annual rate of 5% from December 28, 2013 to November 27, 2015.

Reasons

1. Facts of recognition;

(a) Issuance of bonds and conclusion of a contract for underwriting of bonds. Article 4 (Conditions on Issuing this bonds);

1. Issuing company: A company;

3. Name of bonds: A third-guaranteed private equity bonds (two-year maturity) of stock companies.

5. Total face value of bonds: 6,370,000,000 won.

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

9. Return rate and surface interest rate of the bonds: 13.07% per annum from the date of issuance of the bonds to the date before the date of redemption of the principal: The method and deadline for redemption of the principal on December 22, 2010: The interest on the bonds shall be calculated from the date of issuance to the date before the date of redemption of the principal, and the interest shall be calculated by multiplying the balance of the outstanding principal of the bonds as of the date immediately before the date of payment of the interest by the rate calculated by dividing the interest rate referred to in subparagraph 10 by 4.

From March 22, 2009 to December 22, 2010 each year.

3.2.2.

6.22.

9.2. On December 22, 190, interest for each three-month period shall be later paid;

13. Overdue interest: A overdue interest calculated by applying the rate of 21% per annum to the amount of the principal and interest of the unpaid bonds during the period from the following day of each due date to the actual date of payment, and where the overdue interest is lost under subparagraph 18, the overdue interest shall be paid at the rate of 21% per annum to the outstanding principal and interest of the bonds from the day following the date of loss of due interest.

16.17. The due date and date of the issuance of the bonds: on December 18, 2008, the company issuing the issuing company's interest on the due date shall lose the benefit of the due date immediately with respect to this bonds without notice on the loss of due date in the event of (a) through (e) below:

(B) When an application for commencement of rehabilitation procedures, a petition for bankruptcy, or an international bankruptcy procedure is filed against a issuing company under the Debtor Rehabilitation and Bankruptcy Act, the issuing company is designated by the Plaintiff from among the representative director or actual manager of the issuing company (the largest shareholder, etc.).

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