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(영문) 서울남부지방법원 2017.04.07 2015가합110745

부당이득반환 등 청구의 소

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 2,000,000,000; and (b) from November 15, 2013 to April 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of investing in a venture business under the Act on Special Measures for the Promotion of Small and Medium Enterprise and the Promotion of Venture Businesses. 2) Defendant A was established and operated on April 18, 2002 at the location of its main office and operated a business for the purpose of the designation, general waste collection and transportation business, interim disposal business, etc. on December 31, 2010, and Defendant B was established on December 9, 2010 with the location of its main office located in the same place as the location of Defendant A’s main office and for the purpose of business as Defendant A’s joint representative director. Defendant C is a company established on December 9, 2010, and Defendant C is a person who was employed as Defendant A’s joint representative director together with E from September 5, 2006 to June 15, 2009.

3) The F Co., Ltd. F (Co., Ltd. G merged H on July 11, 2008, and changed its trade name to I on October 10, 2008, and changed to the current trade name on June 4, 2009.

The term "F" is only referred to as "F, regardless of whether it is before or after the change.

(B) The Plaintiff and the Defendant A are companies engaged in manufacturing business, etc. by incineration. (B) The contractual relationship between the parties (1) between the Plaintiff and the Defendant, May 13, 2008, and the Defendant A are convertible bonds issued by the Defendant A on May 13, 2008 (hereinafter “instant convertible bonds”).

3) The Plaintiff’s acquisition of convertible bonds with the content that the Plaintiff accepts (hereinafter “instant convertible bonds”).

(B) Defendant C jointly and severally guaranteed the performance of the above contract by Defendant A, and on the same day, the Plaintiff transferred KRW 2 billion to Defendant A’s corporate account to pay the purchase price of the instant convertible bonds. (B) The key contents of the instant convertible bonds are as indicated in the separate sheet, and Defendant A’s “investment company” column, which is the issuer, was prepared at the time of concluding the instant convertible bonds acquisition contract (hereinafter “instant convertible bonds”).