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(영문) 수원지방법원성남지원 2020.11.17 2020가합409703

사채원리금

Text

1. The Defendant’s KRW 321,780,821 and KRW 300,000 among the Plaintiff’s KRW 6% per annum from April 8, 2020 to June 26, 2020.

Reasons

1. Determination on the cause of the claim

A. In fact, the defendant did not submit a formal written objection even after being served with the authentic copy of the payment order, and did not clearly dispute the plaintiff's assertion at the date of pleading. Thus, it is deemed that the defendant led to the confession of the plaintiff's assertion as follows pursuant to the main sentence of Article 150 (1) of the Civil Procedure Act

1) On July 17, 2019, the Plaintiff is Cbank Co., Ltd., the Defendant issued the 4th non-guaranteed private equity convertible bonds with the non-registered interest coupon (hereinafter “instant convertible bonds”). (2) On June 22, 2018, the Plaintiff leased KRW 3,000,000 to E Co., Ltd. (F prior to the alteration:F) (hereinafter “instant loan”). On January 7, 2020, the Plaintiff secured the instant loan from G as collateral and owned KRW 300,000,000 in total of the face value of the non-registered private equity bonds with the non-registered interest coupon issued by the Defendant (hereinafter “instant convertible bonds”), and the Defendant obtained the securities representing them, and owns the neighboring pledge rights until now.

E Co., Ltd. 10,00,000 non-guaranteed private equity bonds issued on July 17, 2019, No. 4th of the issuance date of the instant convertible bonds G No. 100,000,000 won, HIJ 3) was unable to repay the instant loan obligations within the due date. On April 6, 2020, D Market Headquarters issued a notice to the Financial Supervisory Service on the ground that the audit opinion against the Defendant constituted a refusal of opinion and the grounds for delisting arose, and thus, the interest was lost on April 7, 2020 under the underwriting contract of the instant convertible bonds and the instant loan. 4) In accordance with the underwriting contract of the instant convertible bonds, where the interest on the principal (in face value) would be lost due date, 10% annual interest shall be paid from the date following the issuance date of the instant convertible bonds to April 7, 2020, 2008.