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1. The plaintiff
A. As to KRW 3,00,000,000 and its KRW 800,00,000 among Defendant A Co., Ltd., from September 1, 2012;
Reasons
1. Facts of recognition;
A. As an agricultural, forestry, and food investment fund, the Plaintiff agreed to invest KRW 3 billion in the Defendant Company A (hereinafter “Defendant Company”). On August 30, 2012, the Plaintiff entered into a investment contract with the Defendant Company for convertible bonds (hereinafter “instant 1 contract”) and a preferential investment contract (hereinafter “instant 2 contract”).
B. The content of the part related to the instant case under the first contract is as follows.
Article 1 (Terms and Conditions of this Agreement) In investing in the manner of underwriting convertible bonds by investors (referring to the Plaintiff; hereinafter the same shall apply) established in accordance with the Act on Formation and Operation of Agricultural, Fisheries, and Food Investment Funds (referring to the Plaintiff; hereinafter the same shall apply), the purpose of this Agreement is to confirm the legal relationship between investors, invested enterprises and interested parties (referring to Defendant B; hereinafter the same shall apply), and further to determine certain matters concerning the operation of invested enterprises after the conclusion of this Agreement.
Article 9 (Terms and Conditions of Repayment) (1) The invested enterprise shall meet the payment of principal and interest as follows:
1. For the face value of the bonds for which the conversion right is not exercised, the difference between the guaranteed return rate and the surface interest rate shall be repaid by adding the amount calculated by one year’s welfare to the principal during the period from the day following the date of issuance of the bonds to the date of redemption; and
However, if the repayment date is a holiday of an investor, the repayment shall be made on the next business day, and the number of days as much as the relevant holidays shall be added when calculating the period.
8. The interest of the bonds at the time of redemption before the due date shall be paid in accordance with the method provided for in paragraph (1) 1 above, and the interest shall be paid in accordance with the attached Form 6 of this Agreement from the date of issuance to the date of redemption before the due date.
(10) An investor may request the repayment of the principal and interest before due date in any of the following cases:
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