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Reasons
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(영문) 대전지방법원서산지원 2015.04.30 2014가합726
손해배상(기)
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1. Defendant B Co., Ltd.: 18,954,00 won and 6% per annum from June 30, 2012 to April 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased each of the convertible bonds with a total par value of KRW 4,000,000 issued by the Defendant Company on July 3, 2010 and convertible bonds with a total face value of KRW 162,30,000 (hereinafter “instant convertible bonds”) issued on November 30, 2010.

B. As the Defendant Company failed to pay the principal and interest of the bonds, the benefit of the maturity of the instant convertible bonds was lost on December 5, 201.

C. On May 30, 2012, the Plaintiff and the Defendant Company agreed to adjust the company’s debt in order to maintain the listing of the Defendant Company, and agreed that the amount of the instant convertible bonds shall be KRW 21,060,000, and the remaining bonds and interest amount shall be treated as profits from the exemption of the company’s debt (hereinafter “instant agreement”). On the same day, the Defendant Company paid KRW 2,106,000 to the Plaintiff.

Article 1 (Purpose of Agreement) The Defendant Company was notified of the decision that the audit results of the audit in 2011 that the audit opinion and the de-listing committee meet the standards for abolition of the award.

Our country is in need of the capital expansion for the normalization of the company, and when the capital expansion and the debt adjustment should not be made, it is necessary to de-listing by the awareness of capital erosion.

In order to attract the funds necessary for maintaining the listing of the company, the agreement shall be prepared with the recognition of the necessity of debt adjustment and confirmation of the amount of credit between the companies.

Article 3 (Amount of Agreement) The agreement on the determination of the amount of credit set forth in Article 2 above as 20 million won (21,060,000 won) shall be reached, and the Council shall mutually agree that the remaining amounts of credit and interest shall be treated as profits from debt exemption.

Article 4 (Method of Payment of Collegiate Amount)

1. At the same time as this Agreement has been concluded, 2,106,000 shall be paid as agreed money.

2. The Defendant Company shall pay the remainder of the amount of credit confirmed to the Plaintiff up to June 29, 2012.

3. The defendant company fails to pay the amount agreed upon.

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