전환사채보증금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. A loan certificate of convertible bonds with basic facts: The date of borrowing 50,000 won (Won 50,000,000): November 29, 2010: The repayment of conditional convertible bonds shall be made on the following terms:
1) Evidential materials: April 10, 2011, 201, when the net profit of the settlement of accounts was incurred on March 2011, when the settlement of accounts was made on March 201, 3000, the principal repayment shall be made by adding 5 per annum interest if the net profit of the settlement of accounts was not generated on March 201.
A. On November 29, 2010, F, the Plaintiff (Appointed Party; hereinafter “Plaintiff”)’s partner, lent KRW 50,000,00 to G Co., Ltd. (hereinafter “G”). G around that time, issued and delivered convertible bonds borrowed (hereinafter “the instant loan certificate”) with the following contents stated, and the Defendant, the representative director of G, signed and sealed the instant loan certificate as the guarantor.
B. The F died on September 11, 2013, and the Plaintiff and the designated parties are F’s successors.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, G in the instant loan certificate, where the net income accrues to F on the basis of the provisional settlement of accounts in March 101, 201, G shall pay 5,000 shares issued by G on the date of redemption (as of April 10, 201), but the settlement of accounts was not prepared in March 201, and 5,000 shares were not issued in the F. The fact that shares were not issued in March 201 is also the defendant. The Plaintiff and the designated parties, the heir of the GF, as the creditor of the instant loan certificate, may demand the debtor G to repay the loan 50,000,000 won due to the due date, and the Defendant also bears the responsibility to pay the principal and interest on the loan, barring any special circumstances, as the guarantor of the instant loan certificate.
B. On April 5, 2011, the summary of the Defendant’s assertion 1 as to the Defendant’s assertion is as G stocks the loan under the instant loan certificate.