부당이득금
1. The Defendant shall pay to the Plaintiff KRW 28,775,688 and the interest rate of KRW 20% per annum from December 24, 2013 to the day of full payment.
1. Determination as to the cause of claim
A. 1) The Plaintiff was merged with the Defendant on August 1, 2012.
(2) On May 16, 2011, the Plaintiff filed a lawsuit seeking the repayment of principal (Seoul Central District Court 2012Gahap469) on the ground that the principal of the convertible bonds he/she acquired was fully repaid according to the underwriting contract of bearer private equity bonds issued by the Defendant (Seoul Central District Court 2012Gahap469). On this ground, B filed a lawsuit claiming the repayment of principal (Seoul Central District Court 2012Gahap4741) on the ground that the principal of the convertible bonds was not repaid. (2) On August 31, 2012, the first instance court dismissed the Plaintiff’s principal claim on August 31, 2012, and ordered the Plaintiff to pay KRW 270 million,000,000,000 and delay damages therefrom, and the Defendant received the judgment of the first instance court from the Seoul Central District Court 2013Da16371, May 15, 2013 and rendered a provisional execution order against the Plaintiff’s deposit Bank 20136.
3) The Plaintiff and the Defendant appealed to the judgment of the first instance. On June 14, 2013, the appellate court (Seoul High Court Decision 2012Na81151, 2012Na8168 (Counterclaim), the appellate court (Seoul High Court 2012Na8151) changed the judgment of the first instance and confirmed that there was no obligation to repay the principal of convertible bonds against the Defendant to the Defendant by citing the Plaintiff’s principal claim, and rendered a judgment dismissing the Defendant’s counterclaim. The judgment was finalized around November 14, 2013 by the judgment of the Supreme Court (Supreme Court Decision 2013Da53021, 2021, 203Da53038, Counterclaim) of the judgment of the first instance court (the grounds for recognition), and the purport of the entire pleadings including Gap’s number, and the purport of all pleadings.
(b)The effect of enforcement based on the judgment of the judgment of the sentence of provisional execution is not conclusive, and the subsequent judgment or the sentence of provisional execution will be cancelled or modified.