(영문) 서울중앙지방법원 2019.01.18 2018가합528228

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.01.18 2018가합528228

양수금 등

Text

1. As to Defendant B and C’s joint and several liability for KRW 507,612,239 and KRW 500,000,000 among them, Defendant B and C’s joint and several liability for damages incurred to the Plaintiff on November 27, 2017.

Reasons

1. The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation with the objective of manufacturing automobile parts, etc., and the Defendant C is the representative director of the Defendant B.

E Co., Ltd. (hereinafter “E”) entered into a guarantee privately placed bond subscription contract (hereinafter “instant bond subscription contract”) with Defendant B on May 28, 2015 with the content that Defendant B will transfer to the Plaintiff after acquiring the bonds with the value of KRW 500 million issued by Defendant B (hereinafter “instant bonds”). The main contents of the said bond subscription contract are as follows.

Defendant B (Issuance Company) and E (Subscription Company) acquire non-guaranteed private equity bonds (the bonds in this case) of KRW 500,000,000,000, and then transfer them to the Plaintiff, and enter into a contract as follows on May 28, 2015.

§ 4. (Terms of Issuance of Bonds)

8. Return on issuance of bonds: 4.792% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

(hereinafter omitted)

9. The surface interest rate of the debentures: The surface interest rate of the debentures in this case shall be the same as the rate of return on issuance as above;

10. Method and deadline for repayment of the bonds: The principal of the bonds in this case shall be redeemed on May 28, 2018.

13. (b) overdue interest: (a) overdue interest shall be paid at the rate of damages determined by the Credit Guarantee Fund for the outstanding principal and interest of the debentures during the transitional period from the date of loss of interest (including the due date) to the date of actual payment (including the due date).

(1) 18. 18. Disqualification of the issuing company: (d) When the issuing company loses the benefit of time on bonds, loans, obligations to repay, and other obligations other than the bonds of this case, or when the cause of default occurs, the issuing company and the joint guarantor are fully liable for the payment of the principal and interest of the bonds of this case.

Defendant C shall enter into the bond subscription contract of this case.

유사 판례

-서울중앙지방법원 2018.07.17 2017가합521589

-서울서부지방법원 2018.02.21 2017가합34714

-서울서부지방법원 2018.07.26 2018가합33886

-서울서부지방법원 2018.04.19 2017가합39283

-서울중앙지방법원 2016.07.14 2015가합527705