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(영문) 서울중앙지방법원 2016.02.04 2015가합556420
사채금등 청구의소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 911,609,845 and KRW 905,411,095 among them.

Reasons

1. Indication of claim;

A. As to the claim against Defendant Company and B, the Plaintiff acquired from Korea Investment Securities Co., Ltd. on November 1, 2012, “The principal of and interest on bonds (905,411,095 won) based on the bond acquisition agreement between Korea Investment Securities Co., Ltd. and Defendant Co., Ltd. on November 1, 2012, and preservation expenses incurred in default of redemption (6,198,750 won)”, the claim against Defendant Co., Ltd. and the Defendant Co., Ltd., a primary debtor, for performance against the Defendant Co., Ltd., a joint guarantor.

B. The Plaintiff’s claim against Defendant C, D, and E

As creditors of Defendant B, such as the Plaintiff, on July 30, 2014, concluding a pre-sale agreement with Defendant C, D, and E on the real estate stated in the separate sheet on July 30, 2014 when Defendant B was in excess of the obligation constitutes a fraudulent act detrimental to general creditors, including the Plaintiff, etc., and thus, a beneficiary’s claim for the cancellation of the pre-sale agreement and restitution following such cancellation (registration cancellation of provisional registration for the right to claim transfer of ownership).

2. Applicable provisions;

A. Defendant Company, Defendant B’s company, the proviso of Article 288 and the proviso of Article 101 of the Civil Procedure Act (the Defendants’ Liability for Costs of Litigation in full)

B. Articles 208(3)2 and 150(1)(i) of the Civil Procedure Act of Defendant C, D, E, and Civil Procedure Act

3. The portion of partial dismissal of the Plaintiff’s claim against Defendant Company and Defendant B, which exceeds the interest rate of 15% per annum on the period after October 1, 2015 (which is wholly amended by Presidential Decree No. 26553, Sept. 25, 2015)

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