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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
I. The facts below the basic facts are acknowledged as either in dispute between the parties or in full view of the purport of the entire arguments in Gap evidence Nos. 1 to 53, Eul evidence Nos. 4, 5, and 6.
[1] “B” (hereinafter “B”) is a unit trust of Guneman Island, only K, and the Plaintiff is a trustee of B.
C Co., Ltd. (formerly: D, hereinafter referred to as “C”) was established for the purpose of manufacturing electrical and electronic equipment, and the F served as a director from November 7, 2006, and the representative director from November 12, 2007.
C on November 21, 2006, the principal USD 15,000,000, and bearer non-guaranteed overseas bonds (hereinafter “instant bonds”) on November 21, 201 with maturity, were issued. On the same day, the Plaintiff, a trustee of B, acquired the instant bonds with warrants.
The Defendant, a company established for the purpose of equity investment in venture businesses and small and medium enterprises, and the name of the Republic of Korea was H, and F was the largest shareholder and was the representative director. [2] Article 7 of the Terms and Conditions of Issuance of the instant bonds with warrants of this case provides that “Where C’s share price falls below 10 days consecutively below 500 won at par value,” and that “C shall immediately pay interest in arrears calculated at the rate of 10% per annum from the date of the principal and issuance to the date of actual payment.” On October 9, 2007, the Plaintiff provided that “if the cause of default occurs, C shall immediately pay the interest in arrears calculated at the rate of 10% per annum from the date of actual payment.” The Plaintiff sent to F on October 9, 2007, “Renunciation Agreement”, “Guarantee and Exemption Agreement modified by the Addenda,” “B-Revised Securities and Exchange Agreement,” “B-Revised Securities Sales Contract and Trust Agreement,” and “Public Trust Agreement”.