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(영문) 서울중앙지방법원 2019.01.11 2017가합503550
계약금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 300,00,000 and the interest rate of KRW 15% per annum from January 27, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 2, 2014, the Plaintiff and the Defendant concluded a contract to underwrite convertible bonds with the following contents (hereinafter “instant subscription contract”) to acquire KRW 500,000,000 issued by the Defendant and the Defendant for the 7-time non-guaranteed private equity convertible bonds (hereinafter “instant bonds”) and C (hereinafter “C”) jointly and severally guaranteed the Plaintiff’s obligation to pay the subscription price for the bonds under the said contract.

Article 3 (Terms and Conditions of Issuance) Matters concerning the terms and conditions of issuance of the bonds of this case issued by the defendant and the exercise of conversion rights are as follows:

1. Conditions for issuance;

(a) Trade name of the company: Defendant;

(b) Name of bonds: Seven-time guarantee privately placed convertible bonds;

(c) Types of bonds: Unregistered non-guaranteed convertible bonds;

(d) Total face value of bonds: 500,000,000 won;

(e) Value and denomination of each bond: 100,000,000 won shall be issued, and in the case of the bonds in this case, real bonds shall not be issued;

(f) Prohibition of division and consolidation of the bonds: The division and consolidation of the bonds of this case are not recognized.

(g) Total amount of bonds issued: 100% of the face value of each bond;

(h) Interest rate of the debentures: 6% per annum from the following day of the issuance date to the due date of the debentures;

(i) The payment of interest on the principal and interest of bonds (1) shall be made after the payment of interest for each of the following periods at the following interest payment dates: Provided, That where the date for payment of interest is a holiday of a bank, the payment of interest shall be made on July 31, 2014 (where the date for payment of interest is a holiday of a bank, 6% per annum on the principal and interest payment), on October 30, 2014; and on January 31, 2015, on January 31, 2015; and on April 30, 2015; on April 30, 2015; on July 31, 2015; on October 30, 2015; on April 30, 2016; on July 31, 2016; or on July 31, 2016), the interest rate shall be promptly paid from the date of repayment or interest payment to the actual interest payment date.

(j) Repayment of principal shall be made on July 31, 2016.

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