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(영문) 서울중앙지방법원 2017.07.13 2016가합566370
기타(금전)
Text

1. The Defendant’s KRW 300 million to the Plaintiff and the Plaintiff’s KRW 6% per annum from July 1, 2017 to July 13, 2017.

Reasons

1. Determination on the cause of the claim

A. According to the statements in Gap evidence 1-1, 2, and 3, the defendant (the former company: C) issued the 17th non-guaranteed private equity convertible bonds (hereinafter "the 17th convertible bonds") at June 30, 2014, which are the 17th non-guaranteed private equity bonds (hereinafter "the 17th convertible bonds"), which are "on June 30, 2014, the maximum face value KRW 100 million, and the expiration date of June 30, 2017," and the plaintiff holds serial numbers "D, E, and F, (hereinafter "the 17th convertible bonds") among the above convertible bonds. The fact that the maturity of the instant convertible bonds became effective on June 30, 2017 is apparent.

According to the above facts, the defendant is obligated to pay to the plaintiff 30 million won of the repayment of the convertible bonds of this case and damages for delay from July 1, 2017, which is the day following the maturity date.

B. Meanwhile, the Plaintiff claimed damages for delay against the redemption of the instant convertible bonds from the date following the delivery of a copy of the complaint, but the fact that the maturity date of the instant convertible bonds falls on June 30, 2017 shall be as seen earlier and the damages for delay due to delay in redemption shall accrue from the day following the maturity date. Thus, the Plaintiff’s damages for delay claimed in excess of this shall be without merit.

C. Determination 1 on the Defendant’s assertion 1) The summary of the Defendant’s assertion is as follows: (a) since the instant convertible bonds were entirely converted into shares more than five times from June 30, 2015 to November 9, 2015 upon a bondholder’s request for conversion, the Defendant is not obligated to pay repayment to the Plaintiff. (b) According to the Defendant’s written evidence No. 1, according to the judgment No. 1, the fact that the registration was completed on November 9, 2015, as “the total amount of the 17th convertible bonds issued by the Defendant according to the Defendant’s corporate register was converted into shares for the total amount of KRW 4.5 billion issued by the Defendant.”

However, the following circumstances, which can be acknowledged by adding up the whole purport of the pleadings in the items of Gap evidence Nos. 5, 6, and Eul evidence No. 1, i.e., ①.

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