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(영문) 서울중앙지방법원 2014.12.11 2013가합507462
사채상환금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from September 11, 2012 to KRW 509,035,235 and KRW 508,787,50 among them.

Reasons

1. Facts of recognition;

A. On October 24, 201, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a bond acquisition agreement with Hyundai Securities Co., Ltd. (hereinafter “instant bond acquisition agreement”) with respect to the bonds without guarantee of KRW 500,000,000 issued by the Defendant Company (hereinafter “instant bonds”) for the purpose of using them for corporate restructuring under the Asset-Backed Securitization Act (hereinafter “instant bond acquisition agreement”).

1. Trade name of issuing company: Defendant company;

3. Name of bond: The first-guaranteed private equity bond (three-year maturity) of the defendant company; and

4. Types of bonds: Unguaranteed private equity bonds in bearer form.

5. Total face value of the bonds: At least KRW 500,000,000 for the first time-guaranteed private equity bonds (limited to KRW 500,00).

6. The issue value of bonds: The total face value of each bond shall be 100%;

(7) Class of each bond: A gold ticket of one hundred million won;

9. Return on issuance of bonds: 7.03% per annum from the date of issuance to the date preceding the date of redemption of principal, and where the interest rate differs from the issue rate, the issue rate shall apply.

However, the rate of return on issuance of “this bond” may be adjusted later through consultation with the defendant company.

11. Method and deadline for repayment of bonds: The principal of the first-guaranteed bonds shall be redeemed on October 24, 2014;

Provided, That if the repayment date is not the banking business of the Republic of Korea, the immediately following business day shall be the repayment date.

13. 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 shall be calculated by multiplying the balance of the unredeemed principal of the “this bond” as of the date immediately preceding the date of payment of interest by the rate calculated by dividing it by 4.

14. Overdue interests: when the defendant company has not paid the principal or interest of the "this bond" on the date set forth in sub-paragraph 11 to 13.

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