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1.(a)
Defendant A, B, and C Co., Ltd. jointly and severally with Plaintiff A, Ltd. 1.
Reasons
1. Facts of recognition;
A. Plaintiff 201: (a) Corporate bonds issued by a limited company specializing in the first securitization of the 201 New Radar and the first securitization 1); (b) Jin Investment Securities Co., Ltd. (hereinafter “HE securities”).
Defendant A (hereinafter “Defendant A”) on May 18, 2011
(2) On May 18, 201, Defendant A entered into an agreement on acquisition of the principal and interest of the instant Claim No. 1 with respect to the instant bonds, 1 billion won, 1.0 billion won on May 18, 2014, 6.53% per annum on issue interest rate, 21% per annum (including the due date (including the due date) on the principal and interest of the outstanding bonds) (including the due date) and the due date (including the due date). Defendant B and C jointly guaranteed the payment obligation of the foregoing bonds. (2) On May 18, 2011, Defendant B and C concluded an agreement on acquisition of the principal and interest of the instant Claim No. 1 with respect to the instant bonds with respect to the limited liability company specializing in the first asset-backed securitization (hereinafter “Plaintiff Primary Company”).
According to the above bond acceptance contract, Defendant A, a issuing company, lost the benefit of time due to “when the issuance, endorsement, guarantee, and acceptance of a bill or check is due to default on payment or for any other reason,” and Defendant A, a issuing company, lost the benefit of time due to the due diligence on October 31, 2013.
3) The debt amount of the principal and interest of the instant 1 bonds is KRW 1 billion as of October 30, 2013, and KRW 13,238,904 as of October 30, 2013, and the Plaintiff Company paid KRW 7,456,300 as the principal and interest of the instant 1 bonds. B. The Plaintiff Company paid KRW 7,456,300 as the principal and interest of the outstanding bonds (including the principal and interest of the limited liability company specialized in the 2012 and 9th Asset-Backed Securitization) on September 26, 2012, the Plaintiff Company and Defendant A, the total amount of KRW 1 billion as of September 26, 2015, the rate of return on issuance on September 26, 2015, and annual interest rate of KRW 15% (including the date on which the principal and interest of the outstanding bonds are due) (including the date on which the principal and interest was due).