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(영문) 대전지방법원 2015.09.02 2014가합105992
채권조사확정재판에 대한 이의의 소
Text

1. The Daejeon District Court shall authorize the final claim inspection judgment of bankruptcy No. 2012, 2012, August 11, 2014.

2. The costs of lawsuit shall be.

Reasons

Basic Facts

On December 20, 2006, the Defendants, who subscribed to subordinated bonds from Daejeon Mutual Savings Bank, Daejeon Mutual Savings Bank (hereinafter referred to as " Daejeon Mutual Savings Bank"), entered into a bond subscription agreement with the effect that the amount of money indicated in the column of “principal” (hereinafter referred to as “each of the instant bonds”) in the attached Table among the total issue value of KRW 5 billion issued by Daejeon Mutual Savings Bank from Daejeon Mutual Savings Bank (hereinafter referred to as “Seoul Mutual Savings Bank”) is equivalent to each of the “principal” (hereinafter referred to as “each of the instant bonds”); and around that time, the Defendants paid each of the instant bonds subscription price to Daejeon Mutual Savings Bank.

(B) Defendant B acquired each of the bonds of this case from H in the amount equivalent to KRW 50 million, and Defendant G in the amount equivalent to KRW 100 million from H. The major contents of each of the bonds of this case are as follows.

Article 2 (Terms and Conditions for Issuance) The terms and conditions of issuance of bonds issued by "A" shall be as follows:

1. Name of bonds: Daejeon Mutual Savings Banks, Daejeon Mutual Savings Banks, subordinate to non-guaranteed bonds;

2. Type of bonds: Subordinated bonds in bearer form.

4. Issuance price of bonds: 100% of the face value of each bond;

5. Interest rate of the debentures: 8.5% per annum (interest shall be paid after three months).

Article 3 (Repayment Conditions, etc.) (4) A junior special agreement on July 20, 2012 (five and Seven months)

1. In the case of bankruptcy, where bankruptcy proceedings commence due to the declaration of bankruptcy against “A” before the repayment period under this Agreement, the bondholders of “this bond” are to receive reimbursement or distribution in accordance with the bankruptcy proceedings only when the following conditions are met:

(Conditions of Suspension) Where all other claims except for debentures under this Agreement and debentures with the same conditions as those referred to in subparagraphs 1 through 3 of this paragraph have been repaid or distributed in the bankruptcy proceedings, such as compulsory composition proceedings, in respect of the total amount of such claims, 5 lower-ranking obligations

1. Prohibition of disadvantageous changes: this paper.

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