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(영문) 서울중앙지방법원 2018.04.25 2017가합550273
사해행위취소
Text

1.(a)

Defendant B and F Co., Ltd. on October 4, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) H Co., Ltd. (hereinafter “H”)

On June 30, 2014, the non-party company and the non-party company issued with the face value of KRW 500 million (hereinafter “instant bonds”) KRW 500 million.

(2) The term “this case’s non-guaranteed private equity bonds underwriting contract” (hereinafter “this case’s underwriting contract”)

The issue terms of this bond (the meaning of this bond) issued by the non-party company are as follows: The rate of return on issuance of bonds: 8. The issue date of this bond shall be 5.493% per annum from the date of issuance of the bonds to the date of redemption of the principal (hereinafter omitted).

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 that of the debentures above;

10. Method and deadline for repayment of bonds: The principal of a first-guaranteed bond shall be paid in lump sum on June 30, 2017;

(hereinafter omitted) The method and deadline for payment of interest: The interest of the present bonds shall be calculated from the date of issue to the day before the date of redemption of the principal, and the interest shall be paid after the amount calculated by multiplying the balance of the outstanding principal of the present bonds as of the day immediately before the date of payment of interest by the rate calculated by dividing it by 4.

(Omission) On September 30, 2014, December 30, 2014, March 30, 2015, June 30, 2015, September 30, 2015, March 30, 2015, March 30, 2016, June 30, 2016, December 30, 2016, December 30, 2016, March 30, 2017, or June 13, 2017, where a non-party company fails to pay the principal or interest of the bonds at the interest rate on the date stipulated in sub-paragraph 10 through 12, the unpaid interest rate shall apply to each due date (including the unpaid interest rate).

(b) has lost the benefit of time pursuant to subparagraph 18.

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