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(영문) 서울중앙지방법원 2020.01.30 2019가합581837
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 6,683,934,246 and KRW 3,000,000,00,000.

Reasons

1. Indication of claim;

A. On September 14, 2009, Defendant B Co., Ltd. (hereinafter “Defendant B”) issued the 6th bearer non-guaranteed general corporate bonds as follows, and Defendant C guaranteed Defendant B’s debt with respect to the above corporate bonds on the same day.

The issue amount of bonds: The face value ratio of bonds acquired by D Co., Ltd.: (The date of issue to the day before the maturity) per annum 9.6% interest per annum from F Co., Ltd.'s overdue interest rate (=15% per annum)

(b) On January 28, 2015, E-Limited Company has transferred the above corporate bonds to the Small and Medium Business Corporation, and the same year:

2. 13. The assignment of claims was notified to Defendant B.

The Small and Medium Business Corporation shall transfer the above corporate bonds to a limited partnership company on June 23, 2017 and the same year:

9. 22. Defendant B notified the transfer of claims.

G Limited Partnership Company transferred the above corporate bonds to the Plaintiff on December 18, 2018, and notified the Defendant B of the transfer on January 23, 2019.

C. On December 18, 2018, the principal and interest of the corporate bonds as of December 18, 2018 were as follows:

Principal: Interest of KRW 3,00,000: KRW 865,578,082 (i.e., the amount calculated by applying 9.6% per annum from September 14, 2009, the date of issue to September 14, 2012), 2,818,356,164 (i.e., the amount calculated by applying 15% per annum from September 15, 2012 to December 18, 2018): 6,683,934,246 (=3,000,000,000 won, 865,578,082 won, 2,818,356,164)

D. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 6,683,934,246, and the principal of KRW 3,000,000,000, which is the day following the date of the final assignment of claims, to the Plaintiff at the rate of 15% per annum under the agreement from December 19, 2018 to the day of full payment.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act:

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