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(영문) 서울서부지방법원 2019.11.07 2019가합33661
기타(금전)
Text

1. As to the Plaintiff’s Intervenor’s Intervenor’s 606,684,657 won and its 600,000,000 won, the Defendant shall start from February 20, 2018; and 6.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special purpose company established under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”).

B. On May 28, 2015, C Co., Ltd. (hereinafter “C”) entered into a guarantee privately offered bond subscription contract (hereinafter “instant bond subscription contract”) with D Co., Ltd. with respect to “registered privately offered bond (hereinafter “instant bond subscription contract”) issued by D Co., Ltd. according to the following terms and conditions of issuance, and the Defendant, the representative director of D Co., Ltd., jointly and severally guaranteed the obligation to be borne by D Co., Ltd pursuant to the instant bond subscription contract, and C Co., Ltd paid KRW 600,000,000 of the instant bond subscription price corresponding to the payment amount on May 28, 2015, which is the due date for the instant bond subscription.

The terms and conditions of issuance of the bonds of this case as stipulated in the subparagraphs of Article 4 of the Agreement on the Acquisition of Bonds of this case (hereinafter “Terms and Conditions of Issuance”).

1. Trade name of issuing company: stock company D;

2. Name of bonds: D non-guaranteed private equity bonds (two-year maturity) for stock companies;

3. Types of bonds: Inorganic privately-guaranteed bonds with bearer interest coupons.

4. Total face value of the bonds: 600,000,000 won for the 4-time non-guaranteed private equity bonds.

5. The issue value of bonds: the total face value of this bond shall be 100%;

6. Class of each bond: 600,000,000 won

8. Rate on issuance of bonds: 5.470% per annum from the date of issuance of the bonds in this case to the date immediately before the date of redemption.

Provided, That the rate of return on issuance shall apply where the same interest rate is different from the rate of return on issuance (referring to the rate of return calculated by adding 3.500% to the rate of return on the basis of the market price assessment of the AA-Guarantee Corporate Bonds with Unguaranteed Bonds with Two-year maturity preceding the date of issuance)

However, the rate of return on the occurrence of the bonds of this case can be adjusted later through consultation between the issuing company (hereinafter referred to as D) and the acquiring company (hereinafter referred to as "C").

9. Surface interest rate of the bonds: this;

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