A. The defendant is a company aimed at manufacturing and selling gold-related products, processing business, etc., and C, the defendant's representative director, is a patentee of the patented invention whose name is "D (registration number: E) and "F (registration number: G).

B. On December 6, 2010, the Plaintiff and C entered into a collaboration contract for the manufacture of products using each of the above patented inventions (hereinafter “instant collaboration contract”). On January 13, 201, the Plaintiff, according to the instant collaboration contract, established H for the purpose of manufacturing and selling gold-related products, processing business, gold-related wholesale and retail business, and plastic collection and processing business, etc. (hereinafter “H”).

C. On December 20, 2010, the Defendant issued convertible bonds of KRW 500,000,000 in total, and the Plaintiff subscribed to the said convertible bonds.

Meanwhile, while transferring KRW 500,000 to the Defendant’s account on the same day, the Plaintiff prepared a certificate of borrowing (Evidence 1) stating that the right to convert the above convertible bonds may be exercised if the Defendant fails to repay the principal by the due date, for KRW 250,000,000 among the due date, until February 28, 2011, KRW 10,000,000 until April 29, 2011, KRW 150,000 until June 30, 2011.

[Ground of recognition] Unstrifed Facts, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 10, 15, 18, and 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the above 500,000,000 won was lent to the defendant, and the defendant asserts that the above 500,000,000 won was paid for the convertible bonds contract.

In other words, the defendant borrowed funds to repay the first unguaranteed private equity convertible bonds (the total face value of 500,000,000) issued by the plaintiff, which were based on the evidence mentioned above.