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Reasons
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(영문) 서울중앙지방법원 2019.01.24 2017가합574323
사채상환금 등 청구의 소
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1. The Defendants jointly share KRW 300,000,000 with respect thereto to the Plaintiff, and the period from September 20, 2017 to October 24, 2017.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(2) On January 25, 2017, the Defendant C was the representative director of the Defendant Company at the time of the establishment of the Defendant Company, and D was the representative (in-house director) of the Defendant Company E, an in-house director and advertising company, and actually operated the Defendant Company as the representative (in-house director).

However, D died on October 31, 2017, and at present, Defendant C is the only in-house director of Defendant C.

B. 1) The Defendant Company entered into an advertising agency contract on July 12, 2017, as well as G Co., Ltd. (hereinafter “G”), an executory agent, both the trustee and the trustee of the F collective housing construction project.

(2) The advertising agency contract was concluded with the Defendant Company in cash within 15 days if the total contract amount of the said advertising agency contract is KRW 1,209,879,00 (including surtax) and the Defendant Company claims to G for advertising expenses and the production cost of advertising materials, along with documentary evidence related to the cost, at the end of the relevant month.

C. On July 13, 2017, the Plaintiff entered into an underwriting contract for privately placed bonds (hereinafter “instant subscription contract”) with the Defendant Company to acquire the 700,000,000 won non-guaranteed privately placed bonds issued by the Defendant Company as collateral for advertising agency fees under the above advertising agency contract by the Defendant Company.

(2) The issue terms set forth in Article 3 of the Agreement on the Subscription of Bonds are as follows.

1. Trade name of issuing company: Defendant company;

2. Name of bonds: The second-guaranteed bonds of the defendant company; and

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

4. Total face value of bonds: 700,000,000 won.

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

6. Amount and type of bonds: One set of KRW KRW 300,000, one set of KRW 100,000, one set of KRW 100,000.

8. Interest rate of the bonds: the date of issue and the date preceding the date of redemption of the principal.

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