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(영문) 서울남부지방법원 2013.08.22 2013나50522
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's bankruptcy debtor B corporation

Reasons

1. Facts of recognition;

A. The Plaintiff’s subordinated claim 1) B Co., Ltd. (hereinafter “B”).

(2) From October 19, 2009 to October 21, 2009, the subscription period of 8.5% interest per annum was paid after November 22, 2009, and on February 22, 2015, publicly announced 30 billion won in total on condition that 100% of the principal shall be paid in lump sum on a temporary basis. 2) The Plaintiff subscribed for purchase of the above subordinated bonds 40 million won at the Bndo branch on October 19, 2009, and paid the above money through the debt securities (hereinafter “instant subordinated bonds”) in the amount of 40 billion won in total on a deposit basis.

3) The subordinate bonds of this case have a subordinate special agreement with the following contents:

1. The right to claim the payment of principal and interest with respect to this bond is subordinate to all non-guaranteed claims against the issuing company in the event of bankruptcy proceedings, rehabilitation proceedings, corporate restructuring procedures, liquidation procedures, liquidation procedures and other insolvency procedures similar thereto in a foreign country; 1) subordinate to all non-guaranteed claims with respect to the issuing company; 2) subordinate claims with a lower-ranking special agreement than this bond and shareholders’ rights (including common shares and preferential shares).

2. Where bankruptcy procedures, rehabilitation procedures, corporate restructuring procedures, liquidation procedures, and rehabilitation procedures similar thereto are commenced in a foreign country with respect to a issuing company, junior special agreements identical or later to the principal bonds shall be additionally attached to the existing bonds and any claims other than the shareholders’ rights referred to in sub-paragraph (i)(ii) shall be redeemed on the condition of suspension that all other claims shall be repaid in full;

3. The principal bonds shall not be provided with a security, repayment prior to maturity (excluding repayment prior to maturity by prior approval of the Governor of the Financial Supervisory Service), debt guarantee, etc. which is likely to undermine the essence of subordinate bonds.

4. The holders of this bond shall not be able to repay all or part of the principal and interest in spite of the fact that they are not able to repay.

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