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1. As to KRW 2,496,610,763 and KRW 2,06,360,986 among the Plaintiff, the Defendant shall start from January 6, 2017 to March 31, 2019.
Reasons
1. Facts of recognition;
A. On April 7, 2014, D Co., Ltd. (1) acquired C’s corporate bonds (hereinafter “D”) of B Limited Company Co., Ltd. entered into a non-guaranteed private equity bonds subscription agreement that issues corporate bonds of KRW 2,000,000 in total face value (hereinafter “instant contract”) with the name of “C” (hereinafter “C”) and “first-time non-guaranteed private equity bonds (three-year maturity)” and paid in full on the due date of payment of the bonds.
The Defendant jointly and severally guaranteed C’s debt obligations under the instant contract.
(2) On the same day, B limited liability companies (hereinafter “B companies”) acquired C’s corporate bonds underwritten by D by concluding a contract for transfer of securitization assets with D, and decided to issue asset-backed securities (CBO) based on an underlying asset.
B. On October 28, 2014, the Plaintiff’s acquisition of the Plaintiff’s claim (1) C applied for commencement of rehabilitation procedures as Daejeon District Court 2014 Gohap5017, and around that time C lost the benefit of the time limit for the obligation under the instant contract.
(2) On September 20, 2018, the Plaintiff entered into a payment contract in kind with B Company B, and acquired a claim against B and the Defendant under the instant contract from B.
(3) As of January 5, 2017, the remaining money remaining after the Plaintiff collected certain claims for overdue interest, etc. is KRW 2,496,610,763 (=2,000 + + KRW 6,360,00 + KRW 490,249,777) in the aggregate of the principal amount of KRW 2,00,00,000,000,000,000 + KRW 490,249,7777) as of January 5, 2017.
(The interest rate for delay applicable to the instant contract shall be 10% per annum from January 6, 2017 to March 31, 2019, and 8% per annum from the following day of the pertinent base date.) / [The ground for recognition] of absence of dispute, Gap evidence Nos. 1 through 9, 11 through 13, and 15 through 17 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings.
2. According to the above facts of determination as to the cause of the claim, the defendant who jointly and severally guaranteed C's obligations as stipulated in the contract of this case shall acquire the claim from the company B.