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(영문) 서울중앙지방법원 2015.05.13 2014가합595763
사채금등 청구의소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 908,415,278 and KRW 905,565,698 among them, Defendant A and B, as to March 9, 2014.

Reasons

1. Basic facts

A. On November 1, 2012, the subsidiary securities company (hereinafter “subsidiary securities”) entered into a non-guaranteed private equity bonds subscription contract with Defendant Company A (hereinafter “Defendant Company”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the principal and interest of the bonds according to the Defendant Company’s subscription contract. The main contents are as follows.

The total face value of the bonds: The issue value of the bonds in KRW 900,000: 100 of the total face value of the bonds: The rate of return on issuance of the bonds and the rate of surface interest: 6.27% per annum: the method and deadline for repayment of the bonds: November 1, 2014: The interest on the bonds in this case shall be calculated from the date of issuance to the date preceding the date of redemption of the principal, and the date of payment of interest shall be calculated from the date of redemption of the principal, and the interest on the bonds in this year shall be calculated from the

5.1.1. The same year;

8.1.1.1.1.1 of the same year, February 1, 2014, and the same year;

5.1.1. The same year;

8.1. 1. The interest rate shall be calculated by multiplying the balance of the outstanding principal of the bonds in this case as of the date immediately preceding the date of the payment of interest by the rate calculated by dividing the balance of the outstanding principal of the bonds in this case as of the date immediately preceding the date of the payment of interest: Where the defendant company fails to pay the principal or interest of the bonds in this case, the overdue interest calculated by applying the rate of the amount of the unpaid principal and interest to the actual payment date (including the date immediately preceding the due date) from the respective payment date to the date of payment

B. Next, on November 1, 2012, the Plaintiff acquired the principal and interest claim of KRW 900,000,000 under the instant bond acquisition contract from the secondary securities pursuant to the securitization assets transfer contract concluded with the secondary securities.

C. On the other hand, Article 4 subparagraph 18 of the bond acquisition contract of this case provides that "the defendant company is obligated to repay bonds, loans, and other obligations except for the bonds of this case."

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