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(영문) 서울중앙지방법원 2019.08.22 2018가합593468
양수금
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 2,530,233,246 as well as KRW 2,522,935,205 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

(2) The Defendant Company B (hereinafter referred to as the “Defendant Company”) is a corporation for the purpose of manufacturing and selling wafers for the manufacture of wafers and other semiconductors, and the Defendant C is the representative director of the Defendant Company, and the Defendant D is a person who leased and purchased the real estate listed in the separate sheet No. 1 (hereinafter referred to as the “instant real estate”) from the Defendant C as seen below.

B. Co., Ltd. (hereinafter “E”) 1) Co., Ltd. (hereinafter “E”)

(2) On June 30, 2014, the Defendant Company issued the second guarantee private equity bond (hereinafter “instant bond”) with the face value of KRW 2.5 billion issued by the Defendant Company between the Defendant Company and the Defendant Company.

(2) The acquisition agreement of the instant bonds (hereinafter referred to as the “instant bonds acquisition agreement”)

(2) Defendant C jointly and severally guaranteed the obligation to be borne by the Defendant Company in accordance with the instant bond acquisition contract.

3) The main contents of the instant bond subscription agreement and the Defendant C’s joint and several guarantee agreement are as follows. The Defendant Company is the Defendant Company (hereinafter “issuing Company”).

) and E (hereinafter referred to as “acquisition company”);

(2) A company’s second guaranteed private bonds (hereinafter “principal bonds”) issued by the issuing company on June 17, 2014 by the resolution of the board of directors held on June 17, 2014.

After the acquiring company took over the Plaintiff (hereinafter “special purpose company”)

(2) On June 30, 2014, with respect to the acquisition of the bonds from the issuing company as part of the transaction structure that the special purpose company issues CBO by transferring to the company, the acquiring company entered into a contract (hereinafter “this contract”) as follows:

shall enter into an agreement.

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