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1. The plaintiff's lawsuit against D by the bankruptcy debtor C, which is the taking over of the lawsuit by the defendant C, shall be dismissed.
2. Defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company with the objective of developing, manufacturing, manufacturing, distributing, consulting, and providing services for software and hardware. 2) A was declared bankrupt on June 14, 2016 by Seoul Central District Court 2016Hahap10093, and B was appointed as a bankruptcy trustee. On November 18, 2016, the decision was finalized on November 24, 2016, upon receiving a decision to discontinue the bankruptcy due to the shortage of expenses from the court.
(hereinafter referred to as “Defendant A”) C is the representative director of A, regardless of whether before or after June 14, 2016, and is declared bankrupt on August 18, 2016 by the Seoul Central District Court 2016Hadan4080, and D on the same day is “Defendant trustee in bankruptcy” (hereinafter referred to as “Defendant trustee in bankruptcy”).
(A) A. A. Acceptance of convertible bonds 1) Defendant A Co., Ltd. (hereinafter “A”) and Datcom Co., Ltd. (hereinafter “Datcom”) concluded a contract to underwrite convertible bonds issued by Defendant A (hereinafter “instant convertible bonds”) on February 14, 2014. C jointly and severally guaranteed the Defendant A’s performance of its contractual obligation, and on the same day, Datcom paid KRW 50 million to Defendant A as the purchase price for the said convertible bonds.
2) At the time of the acquisition of the foregoing convertible bonds, the issuing company (Defendant A) entered into an agreement that the principal of the bonds shall be repaid in installments by February 14, 2017, and the bondholder may claim early repayment of KRW 200 million out of the principal of the bonds on February 14, 2016. The issuing company (Defendant A) entered into an agreement that the benefit of time shall be lost if it fails to meet the obligation to pay in whole or in part the principal of the bonds or the obligation to pay interest due
B. On June 18, 2014, the Plaintiff acquired the instant convertible bonds at KRW 500 million between D&D and the Plaintiff.