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(영문) 전주지방법원 군산지원 2018.01.12 2016가합11525
부당이득금반환 등 청구의 독촉사건
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1. The defendant,

A. As to KRW 2,269,380,514 and its KRW 2,00,000,000 among the Plaintiff Co., Ltd.

Reasons

1. Determination on the plaintiffs' claim for return of unjust enrichment against the defendant

A. On March 11, 2015, the directors of the Defendant (formerly: Co., Ltd. E) held the Defendant’s board of directors on March 11, 2015, and decided to issue bonds with warrants with the following contents in three times (However, the total amount of each bond issued and the amount of bonds underwritten by each bondholder are KRW 2 billion, the amount of the first bond issued, the second and third bond subscription amount is KRW 3.5 billion, respectively.

2. Types of bonds: non-registered bonds with warrant, non-registered private placement, and bonds with warrant;

8. Method of acquiring bonds: It shall be allocated to the following third parties pursuant to Article 15 (1) of the articles of incorporation:

9. The bondholder of bonds: Plaintiff A 15. Matters pertaining to preemptive rights are bonds entitled to preemptive rights, a right to demand issuance of new stocks by the issuing company, on the following terms:

(1) Type and face value of warrant certificates: 500,000,000 won in four or seven copies (the first issue share) (4) or seven copies (the second and third issue share): 5,000 won in the event that the exercise value of warrant rights per share: 8,000 won in the event that the exercise price of warrant rights: 2) The defendant shall make the first bond with warrant on the same day from the day following the issue date to the day before the maturity.

was issued by third party allotment method (hereinafter “instant bonds with warrants”).

(3) On April 27, 2015, Plaintiff A paid 2 billion won to the same day, and on March 13, 2015, the Defendant acquired 400,000 shares of the Defendant’s shares by exercising the preemptive right to new shares of the instant bonds with warrants. (3) On April 27, 2015, the Defendant issued the convertible bonds of KRW 1 billion in total (hereinafter “instant convertible bonds”) with the Plaintiff Limited Company B (hereinafter “Plaintiff B”) and Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”).

1. Name of the bonds: The first non-registered convertible bonds with non-guaranteed interest coupon issuance, non-guaranteed private placement, respectively; and

2. The face value and number of convertible bonds: 500 billion won.

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