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Reasons
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(영문) 서울중앙지방법원 2016.05.20 2015가합543837
양수금
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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 2,008,634,697 and KRW 2,001,251,506 among them.

Reasons

1. Basic facts

A. Pursuant to the Asset-Backed Securitization Act, the Plaintiff is a company aimed at acquiring, managing, operating, and disposing of bonds and all rights related thereto (hereinafter “asset-backed assets”) pursuant to the Asset-Backed Securitization Act, and at issuing and repaying asset-backed securities.

B. On October 18, 2012, the acquiring company and the Defendant A Co., Ltd. (hereinafter “Defendant A”) acquired bonds issued by Defendant A on the private equity bond subscription contract between the new financial investment company (hereinafter “new financial investment company”) and the Defendant Co., Ltd. (hereinafter “Defendant A”), and concluded a contract to underwrite the bonds with the following content as part of the transaction structure that the Plaintiff transferred to the Plaintiff and issued the asset-backed securities.

1. Issuing company: A;

2. Name of bonds: A second-guaranteed private equity bonds (three-year maturity).

3. Types of bonds: Unregistered private equity bonds with no interest coupon.

4. Total face value of bonds: 2,000,000,000 won.

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

8. Return on issuance of bonds: 5.71% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

9. Surface interest rate of the bonds: The method and deadline for repayment of the principal of the bonds on October 18, 2015, which is the same as the rate of return on issuance: Interest payment shall be calculated from the date of issuance of the bonds to the date preceding the date of redemption of the principal, the date of commencement, the date of inclusion in the calculation, and the date not to be included in the last day, and interest for every three months shall be paid later on the following payment date.

From January 18, 2013 to October 18, 2015, each year;

1. 18.

4.18.18.

7. The interest for every three months shall be paid later on October 18, 198; and

13. Overdue interest: In cases where a deadline is lost pursuant to subparagraph 18, the unpaid principal of the bonds and interest in arrears shall be paid to such person at the rate of 15% per annum from the date of loss of deadline until the date of actual payment.

18. The issuing company shall lose the benefit of time following:

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