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(영문) 서울중앙지방법원 2014.11.28 2014가단13066

전환사채원리금

Text

1. Defendant B Co., Ltd. shall pay KRW 100,000,000 to the Plaintiff and 5% per annum from August 15, 2008 to April 12, 2014.

Reasons

1. Facts of recognition;

A. On August 7, 2007, Defendant C assumed office as the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. On August 14, 2007, the Plaintiff (the first trade name: D) acquired convertible bonds of KRW 1,000,000,000, which are issued by the Defendant Company on August 14, 2008 and paid KRW 1,00,000,000 to the Defendant Company.

C. On August 16, 2007, the Plaintiff acquired new shares 17,396 shares (amounting to 5,000 common shares) issued by the Defendant Company in KRW 57,484 per share, and paid KRW 99,91,664 to the Defendant Company.

The defendant company was closed on December 31, 2007 at the district tax office having jurisdiction over the district tax office, and was dismissed on December 2, 2013 in accordance with Article 520-2(1) of the Commercial Act.

【Ground of recognition】 The fact-finding without any dispute, Gap 1-9, 14, and the fact-finding results of the fact-finding conducted on March 3, 2014, the purport of the entire pleadings

2. The assertion and judgment

A. According to the above facts, the defendant company is obligated to pay to the plaintiff 10,000,000,000 won among the principal amount of convertible bonds as part of the principal amount, and to pay to the plaintiff 10,000,000 won per annum as stipulated by the Civil Act from August 15, 2008 to April 12, 2014, the delivery date of the complaint of this case, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of complete payment. The plaintiff can exercise the right on behalf of the defendant company to compensate for the above claim. 2) The defendants did not sell the above new shares issued by E Co., Ltd. (hereinafter referred to as "E") holding 100% of the shares issued by the plaintiff to F Co., Ltd. (hereinafter referred to as "F Co., Ltd.") as part of the management right to the plaintiff 100,000, 2013.