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(영문) 서울중앙지방법원 2017.04.07 2015가합549941
신주인수권부사채 조기상환 및 위약벌 청구
Text

1. Defendant B and C are, from the Plaintiff, Defendant B or Defendant B.

Reasons

1. Facts of recognition;

A. Investment contract (see December 10, 2014) 1) The Plaintiff is limited to Defendant C Co., Ltd. (hereinafter “C”) on December 10, 2014.

(1) In order to pay an investment billion won to the F Company, the use of the investment shall be limited to the F Company (hereinafter “F Company”).

) The payment of the down payment for acceptance is limited to the down payment, and the date of return of the investment deposit is January 12, 2015, and was agreed to receive one million common share of the F company registered by Defendant C, which is to be accepted by Defendant C, as the investment income. In this case, Defendant B (hereinafter “B”).

) Defendant C’s joint and several sureties guaranteed the obligation. [Investment Contract] 6 (In order to secure the performance of this Agreement as security for the provision of security, Defendant C shall provide the Plaintiff with the following security:

1. Cash of 250 million won;

2. The pledge against the registered common shares 7,641,633 shares issued by Defendant C, which are held by Defendant C, and the pledge against the above shares shall be established in the depositors' account book as they are protected.

3. Article 7 (Compensation for Damages, etc.) (1) If the foreign exchange bank fails to comply with this Agreement or fails to comply with the F Company’s acquisition of KRW 17,303,616 and W 19.0 billion in capital issued by the F Company, the exchange bank will pay to the Plaintiff KRW 1,250,000,000 as penalty.

At this time, the plaintiff may recover the penalty amount of penalty amount of KRW 250,000,000,000.

(2) If any loss has occurred to one party in connection with the nonperformance of this contract, the other party shall compensate for the loss.

Article 9 (Delivery of Notarial Deed of Promissory Notes) Defendant C and B shall draw up and deliver to the Plaintiff a notarial deed of promissory notes containing the following contents in connection with this contract:

1. Party: Defendant B who is a creditor, debtor C, and joint and several sureties;

2. The amount of promissory note: 2.25 million won.

3. Method of payment: (2) The details of security, penalty for breach of contract, etc. under an investment contract are as follows. (3) The Plaintiff made an investment to Defendant C on December 10, 2014.

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