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(영문) 서울중앙지방법원 2015.06.19 2014가합528008
사채금 등
Text

1. The Plaintiff:

A. As to KRW 1,913,414,045 and its KRW 1,450,00,000 among Defendant B, Defendant B shall be from October 31, 2012 to August 2014.

Reasons

1. Facts of recognition;

A. On October 29, 2009, the Plaintiff established pursuant to the Malaysia Company Act in 1990 entered into a contract to underwrite bonds with warrant (hereinafter “instant contract”) with D Co., Ltd. (hereinafter “instant company”) and the Plaintiff to acquire bonds with warrant (hereinafter “instant bonds”) with the 9th issuance of the instant company. The main contents of the contract are as follows.

A: Plaintiff A and B: The issuance and subscription of the bonds of Article 1 of the Company of this case shall be issued under the following terms, and Party A shall accept the total amount of the bonds.

1. Trade name of the company: The company in this case;

4. Total amount of bonds issued: 3 billion won;

9. Interest rate of bonds: 10% per annum, 10% per annum on maturity guarantee, 10% per annum on early repayment rate 10% per annum on October 31, 2009: the maturity date of bonds on October 30, 201: the method and deadline for repayment of principal of bonds on October 30, 2012;

A. The principal of the instant bonds shall be repaid in lump sum on October 30, 2012, the maturity date, and in the case of redemption by a claim for early repayment under subparagraph 15 of this Article and redemption due to a loss of profit within the time limit under Article 5, it shall be paid in lump sum on the relevant early repayment date.

14. Damages for delay: If Eul fails to pay the principal or interest of the bonds of this case on the date under subparagraphs 12 and 13, the unpaid damages for delay shall be paid by applying the ratio of 19% per annum to the principal or interest amount of the bonds of this case during the elapsed period from the day following the due date to the actual date of payment.

15. A bondholder's right to claim early redemption: A bondholder may claim early redemption of the bonds every one month from the date one year has elapsed from the date of issuance of the bonds in this case until the maturity.

In such cases, the early redemption date shall be the relevant date of issuance of bonds each month, and the bondholder shall have the intention of requesting early redemption 15 days prior to the date of early redemption.

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