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(영문) 서울남부지방법원 2018.10.11 2018가합100879
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant 1) The defendant corporation B (hereinafter "B")

B) The convertible bonds issued by B on May 13, 2008 (hereinafter “instant convertible bonds”) shall be referred to as “instant convertible bonds.”

(2) On June 13, 2008, the Plaintiff transferred the instant convertible bonds in KRW 2.2 billion to Gyeong-ro Energy Co., Ltd. (hereinafter “Gyeong-do”) on the acquisition of convertible bonds with the content that the Defendant accepted, and paid KRW 2 billion to B.

3) C Co., Ltd. (hereinafter “C”)

(4) On January 30, 2012, the Plaintiff filed a lawsuit against Suwon District Court against B and C seeking payment of the principal and interest of the instant convertible bonds at KRW 2 billion and the construction cost, etc. for the instant construction contract due to incineration (No. 2012Gahap1637). B, in the instant lawsuit, C asserted that the issuance of the instant convertible bonds was null and void as a non-representative act performed solely by one representative director among the co-representatives in B. The Suwon District Court accepted the claim on November 15, 2012, rejected the claim for the principal and interest of the instant convertible bonds against B and C, and the appellate court (Seoul High Court Decision 2012Na102423) affirmed the judgment of the first instance court on the validity of the instant convertible bonds, and the judgment of the lower court was not finalized as it is, and all of the parties were not finalized.

5 D On November 19, 2013, in order to preserve the claim against the order of payment order issued by the Suwon District Court, Osan District Court, 2012 tea561, which held against leap Energy, D, in order to preserve the debtor's leap energy and the third debtor's claim against the defendant, i.e., the claim against leap Energy, the defendant's claim against leapap Energy, which is invalid for leap Energy, by selling the convertible bonds of this case.

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