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1. The Defendant shall pay to the Plaintiff KRW 292,50,000 and the interest rate of KRW 15% per annum from June 1, 2018 to the day of complete payment.
Reasons
1. Basic facts (Status of parties, etc. and the process of concluding the prior agreement of this case);
A. The Plaintiff is a specialized investment company established pursuant to the Financial Investment Services and Capital Markets Act, and the Defendant is a subsidiary company, etc. with the purpose of funding and business support.
B. Around December 2016, the Plaintiff invested in the LAC, one of the subsidiaries of the Defendant, and acquired convertible bonds issued by the KAC issuance.
C. On the other hand, the defendant's another subsidiary of the company was scheduled to receive an intermediate payment of KRW 10,000,000 from the above limited liability company in the middle of 2017 when transferring the shares to E limited liability company.
Around October 13, 2017, the Defendant and the Bank of Bankruptcy Co., Ltd. received KRW 10,000,000 from the Plaintiff (i) when the Plaintiff received the said intermediate payment of KRW 10,000,000,000 from the Plaintiff, the Defendant loaned the intermediate payment from the Plaintiff Co., Ltd. and paid it to the Bank of Bankruptcy Co., Ltd within five business days thereafter, and the Plaintiff agreed to pay KRW 10,00,000 to the Plaintiff with the redemption of convertible bonds (hereinafter “instant promise”).
E. The preceding undertaking includes the fact that the Defendant would pay the Plaintiff KRW 1,000,000,000,000 to the penalty for breach of contract, if not complying with the commitment.
[Ground for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. In full view of the following: (a) there is no dispute between the parties to the judgment on the cause of the claim; or (b) the Defendant did not take measures to ensure that the intermediate payment was paid as the Plaintiff’s convertible bonds despite the receipt of intermediate payment by the Plaintiff around October 19, 2017; and (c) the Plaintiff paid KRW 10,000,000 to the Plaintiff only before December 14, 2017; and (c) the Plaintiff and the Defendant paid KRW 325,000,000 in total to the Plaintiff with respect to the penalty for breach of contract under the instant prior undertaking on March 12, 2018, while paying KRW 32,50,000 to the Plaintiff in total, the Defendant paid KRW 32,50,000,000 to the Plaintiff.