(영문) 서울중앙지방법원 2014.10.17 2013가합529707

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(영문) 서울중앙지방법원 2014.10.17 2013가합529707

사채금 및 사해행위취소

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1. As to Defendant A and Defendant B’s joint and several liability for KRW 1,017,178,990 to the Plaintiff and KRW 1,013,120,000 among them.

Reasons

1. Facts of recognition;

(a) Concluding a guarantee privately placed bond subscription contract. Article 4 (Terms and Conditions for Issuing this bond);

1. Issuing company: Defendant A;

3. Name of bonds: The first-guaranteed private equity bonds offered by the defendant A.

5. Total face value of bonds: 1,000,000,000 won.

6. Issuance price of bonds: 100% of the total face value of the bonds;

9. Return on issuance of bonds: May 84% per annum from the date of issuance of the bonds to the date before the date of redemption of the principal: Method and deadline for repayment of the principal of the bonds on September 15, 2013: Interest payment method and deadline shall be calculated by the first day and the last day not to be included in the calculation of the principal: Interest shall be calculated by the method of calculation, and interest for every three months at the following payment date.

From December 15, 2010 to December 15, 2013, each year;

3.15.

6.15.

9. The interest for every three months shall be paid later on December 15, 198;

14. Overdue interest: The overdue interest calculated by applying the rate of 21% per annum to the amount of the principal or interest of the unpaid debentures from each due date (including the due date) to the actual due date (including the due date); the overdue interest calculated under subparagraph 19 to the due date (including the due date) shall be paid at the rate of 21% per annum to the outstanding principal and interest of the debentures from the due date (including the due date) to the due date (including the due date) to the due date.

19.In the event of the following (a) through (e), the issuing company shall immediately lose the benefit of time on the principal bond without notice of loss of time, and in the event of the occurrence of the causes of sub-paragraphs (f) through (h), the acquiring company or the special purpose company and other holders of the bonds shall lose the benefit of time on the date 15 days have elapsed from the date of notice of loss of time.

(E) When the issuing company loses the benefit of time due to bonds, loans, and other obligations owed by the issuing company other than this bonds, or when the grounds for default arise, Article 10 (2) does not perform the duty of repayment of the principal and interest of this bonds, or violates this contract.

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