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(영문) 서울중앙지방법원 2015.04.02 2014가합553196
양수금
Text

1. Defendant A: (a) 1,611,87,975 won and 1,608,363,835 won and 1,608,363,835 won and 2,61.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 of the limited company specializing in the 7th securitization of the new collateral 2013 (hereinafter “instant securities”)

) On May 23, 2013, New Steel Co., Ltd. (hereinafter “New Steel”)

1) The 5th non-guaranteed private equity bonds (hereinafter “instant 1 bonds”) of the face value 1.6 billion won on the face value issued by the Steel and the New Steel.

2) The terms and conditions of the bond subscription agreement are as follows: (a) the bond subscription agreement was concluded with respect to the company and paid the bond amount of KRW 1.6 billion.

(1) Issuance price of bonds: 1.6 billion won. (2) The rate of return on issuance of bonds: 5.30% per annum. The interest on bonds shall be calculated from the date of issuance to the date preceding the date

(3) Method and deadline for repayment of bonds: (4) When an application for commencement of rehabilitation procedures, a petition for bankruptcy, or an international bankruptcy procedure is filed with respect to a company issuing bonds on May 23, 2015, the issuing company shall lose the benefit of the deadline.

(5) Where an issuing company fails to pay the principal or interest of the bonds at the due date of the principal and interest payment, the unpaid principal and interest of the bonds shall be paid overdue interest calculated by applying the loss rate set by the Credit Guarantee Fund from the date of each payment to the actual payment date.

(6) The costs incurred by the issuing company in all the legal procedures, such as expenses for measures to preserve claims, expenses for transferring a security right, expenses for execution, expenses for execution, etc. arising from failure to perform the obligation to repay the principal and interest of the present bonds

3) At the time of concluding an underwriting agreement for the first bond of this case, Defendant A jointly and severally guaranteed the obligation to pay the principal and interest of the new steel. 4) On May 23, 2013, Defendant A entered into an asset transfer agreement with a limited-liability company specializing in the 7th securitization of the Plaintiff New Daily 2013 and the 7th Asset-Backed Securitization Act (hereinafter “Plaintiff 7 special purpose company”).

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