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(영문) 서울회생법원 2020.08.19 2020가합100616
매매대금
Text

1. Fixing that the plaintiff's rehabilitation claim against the defendant does not exist;

2. The costs of lawsuit shall be assisted.

Reasons

1. Basic facts

A. On December 14, 2016, the Plaintiff concluded a contract with the Defendant to underwrite the instant bonds with warrants with a separate type of 10,000,000 won (hereinafter “this case’s bonds with warrants”) with the Defendant’s first bearer bonds with a separate type of non-guaranteed bonds with warrants (the face value of KRW 10,00,000), and paid KRW 10,000,000 for the acquisition price of the bonds to the Defendant on the same day.

Article 2 (Conditions for Issuing Bonds with Warrants): The defendant shall issue bonds directly and deliver them to the plaintiff within 10 days (on the business day) from the date of payment.

Article 14 (Loss of Benefit of Time) (1) Where any of the following causes is discovered or occurs, the plaintiff may, at his/her option, request the defendant to purchase all or part of the defendant's share held by the plaintiff, and in such cases, the defendant shall purchase (the purchase in this paragraph shall include redemption or reduction for consideration):

6. When the defendant is unable to faithfully perform this contract because it has violated all the Acts and subordinate statutes including the Commercial Act and the Securities and Exchange Act.

8. Where the company or interested person has violated the obligations under this contract (including where it is found ex post facto that the obligation has been breached prior to the completion of the transaction). (2) The request for purchase of equity under paragraph 1 of this Article shall be made in writing to the defendant, stating the price and quantity of the share to be purchased, and at the time when the request for purchase has been delivered to the defendant, a sales contract for the relevant share shall be deemed to have been concluded, and the defendant shall perform its obligation for payment under

(3) The purchase and sale price for shares under paragraph (1) of this Article shall be the amount determined by the plaintiff out of the following amounts:

2. The principal invested by the Plaintiff and the amount at the rate of 15% per annum from the date of the completion of the transaction to the date of the performance of the transaction under paragraph 2 of this Article.

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