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(영문) 서울중앙지방법원 2020.06.10 2019가합538857
양수금등 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 409,322,88 and KRW 5,793,00 among them, from February 22, 2019 to April 401.

Reasons

1. The following facts do not conflict between the Parties:

D Co., Ltd. (hereinafter referred to as “D”) entered into a contract with Defendant B on November 22, 2018 with the following terms (hereinafter referred to as “instant contract for acquisition of bonds”) to acquire non-guaranteed private equity bonds (hereinafter referred to as “instant bonds”) in total face value of KRW 400,000,000 issued by Defendant B (hereinafter referred to as “instant bonds”) and paid the total amount of the bonds to Defendant B.

As the representative director of Defendant B, Defendant C guaranteed the obligation to pay the principal and interest of the bonds under the bonds acquisition contract of this case.

Article 4 (Terms and Conditions of Issuance of Bonds)

1. Trade name of issuing company: Defendant B;

2. Name of bonds: The third-guaranteed private equity bonds (two-year maturity) of the defendant B; and

4. Total face value of bonds: 400,000,000 won.

8. Return on issuance of bonds: 5.793% per annum from the date of issuance of bonds to the date preceding the date of redemption of principal.

Provided, That the rate of return on issuance shall apply where the same interest rate is different from the rate of return on issuance (referring to the rate of return calculated by adding 3.60% to the rate of return on the basis of the market price assessment of a public-guaranteed corporate bonds with non-guaranteed bonds with maturity of two years preceding the date of issuance).

However, the rate of return on the issuance of this bond may be adjusted later through consultation between the issuing company and the acquiring company.

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 above.

10. Method and deadline for repayment of bonds: The principal shall be redeemed on November 22, 2020; and

12. Method and deadline for payment of interest: The interest on the “this bond” shall be calculated from the date of issue to the date preceding the date of redemption of the principal, and the amount calculated by multiplying the outstanding principal of the “this bond” as of the date immediately preceding the date of payment of interest by the rate calculated by dividing the interest rate under subparagraph 9 by four.

13.The main text of the Issuing Company is the date set forth in sub-paragraphs 10 to 12.

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