취득물 인도청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 18, 2016, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with D Co., Ltd. (hereinafter referred to as “D”) to underwrite the second-time non-guaranteed private equity convertible bonds (hereinafter referred to as “instant underwriting contract”) with the following contents, and paid KRW 2,00,000,000 to D on November 24, 2016, and was issued with D with the face value of KRW 2,00,000,000 in total.
§ 2. The issuing company of the bondholder of the bonds shall issue this bond in accordance with the terms and conditions set forth in this Agreement and distribute it to the underwriter as follows, and the underwriter shall pay the amount so agreed to accept.
C. Subscription amount: 2,00,000,000 won and the issue terms of this bond issued by the issuing company under section 3 are as follows:
4. Total amount of bonds issued: 2,000,000 won; and
5. Issuance price of bonds: 100% of the total face value of bonds (0.00% of the discount rate);
8. The interest rate of the bonds: The surface interest rate for the total face value of each bond from the following day of the issuance of this bond to the due date shall be 2.0% per annum, and the early redemption rate and the return rate for maturity guarantee shall be 4.0% per annum (the calculation of the 3-month unit welfare).
9. Method and deadline for repayment of the debentures: To repay in lump sum the amount equivalent to 1428% of the face value of the debentures on November 24, 2018, with respect to the principal of the debentures held until maturity;
11. Matters concerning the right to claim early redemption: The bondholder of this bond may claim early redemption prior to maturity for all or part of the face value of this bond and the amount calculated by adding the rate of early redemption to the face value of this bond on the date corresponding to every three months after November 24, 2017, one year from the date of issuance of this bond.
(1) The rate of early redemption and the period of early redemption: The bondholder shall claim early redemption from 60 days to 30 days before the date of early redemption to the issuing company on the face value of the bonds by uniting the face value of the bonds.
The early repayment rate shall be the early repayment rate of the period of early repayment.