A. On February 29, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to underwrite the registered privately guaranteed convertible bonds issued by the Plaintiff in KRW 200,000 (hereinafter “instant underwriting contract”), and Defendant C, as an interested party to the instant underwriting contract, jointly and severally guaranteed all of the Defendant Company’s obligations under the instant underwriting contract.

At that time, the Plaintiff paid KRW 200,000,000 to the Defendant Company the subscription price for convertible bonds under the instant underwriting agreement.

B. Article 12(4) of the instant underwriting agreement states, “The Defendant Company shall not lend funds to a third party with the funds invested, or purchase shares of a third party: Provided, That where the Defendant Company intends to lend funds to a third party or purchase shares of a third party, it may obtain the consent of the investor in writing 10 days prior to the enforcement date and execute it only with the prior written consent of the investor.”

C. On May 25, 2016, the Defendant Company prepared an agreement with the Plaintiff and D to the effect that “The Plaintiff’s investment amount of KRW 300 million is KRW 200 million due to the Plaintiff’s acquisition of convertible bonds from the Plaintiff and D, and the violation of the contract pursuant to Article 12(4) of the Agreement, and the amount of KRW 200 million is KRW 100 million, and KRW 20% of the penalty shall be paid by June 20, 2016, but the penalty shall be paid by 20% until June 20, 2016, and when the date is not paid, the interest shall be paid by 20% per annum” (hereinafter “instant agreement”). Defendant C signed and sealed the said agreement as an interested party.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff amounting to KRW 240,000,000 (i.e., the acquisition price of convertible bonds to KRW 200,000,000) and the payment period of the above agreed amount to the Plaintiff on June 2016.