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(영문) 춘천지방법원원주지원 2019.11.07 2018가합6279
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ investment in G Co., Ltd. (hereinafter “G”) 1) H Co., Ltd. (hereinafter “H”).

on June 26, 2015, Inc. I (hereinafter referred to as “I”)

G) On December 24, 2014, the 9th non-guaranteed private convertible bonds (hereinafter “the 9th convertible bonds”) occurred between G and J

(2) around July 2015, I and J transferred 4,000 common shares of G to K (hereinafter “K”) the exercise of the right to convertible bonds of KRW 500,000,000, out of the nine-time convertible bonds that were acquired from H around July 2015.

3) On July 2, 2015, Plaintiff A remitted KRW 200,000,000 to G and allocated KRW 66,666 shares for capital increase. Plaintiff B transferred KRW 30,000,000 to G on the same day and received KRW 10,000 shares for capital increase. Plaintiff D paid KRW 100,000,000 for the purpose of investing in the 9th convertible bonds. Plaintiff C paid KRW 30,00,000 for the same purpose.

B. Defendant F Co., Ltd. (hereinafter “Defendant securities company”)’s acceptance of convertible bonds 1) Defendant securities company issued by G on June 30, 2015, the 10th convertible bonds with non-registered interest coupons issued by G from G (hereinafter “instant convertible bonds”) (hereinafter “instant convertible bonds”).

Defendant E Co., Ltd. (hereinafter referred to as “Defendant bank”) which has taken over KRW 10 billion and is an affiliated company on the same day.

(2) G sold the instant convertible bonds at KRW 10 billion to the Defendant bank on July 10, 2015, and on the same day, G set up a pledge of KRW 13 billion with respect to the said deposit account at the Defendant bank.

C. The stocks of G-listing shares were suspended on August 18, 2015, and were de-listing on April 28, 2016.

The plaintiffs' claims for damages against J, etc. are filed against J and 9 jointly taking over I and 9 convertible bonds, L and K's actual operator (hereinafter "J, etc.") who are the representative director.

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