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1. The Defendant’s KRW 500,000,000 as well as its annual 6% from June 23, 2018 to January 18, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On March 15, 2017, the Defendant held a board of directors on March 15, 2017 to conclude an underwriting agreement and an agreement attached thereto with respect to convertible bonds, and held twice of the total issuance price of KRW 10 billion ( KRW 50 million, KRW 200 million, KRW 200 million, KRW 500 million, KRW 13, KRW 1 billion, KRW 2000, KRW 1 billion, KRW 300,000) (hereinafter “instant convertible bonds”).
C Co., Ltd. (hereinafter “C”) on the same day.
(2) On the same day, C and D and E Co., Ltd concluded a subsidiary agreement (hereinafter “instant subsidiary agreement”) with the Defendant or a person designated by the Defendant to grant the right to re-purchase of the instant convertible bonds (purchase options, call options, and so-called “ call options”) within the limit of 40% of the issue value of the instant convertible bonds, which is equivalent to KRW 5 billion in total, KRW 3.75 billion in total, KRW 3.5 billion in total, and KRW 1.25 million in total, KRW 1.250 million in total, and KRW 1.250 million in total.
The contents relating to this case in the annexed agreements of this case are as follows.
1. The call option of the claimant or the person designated by the defendant (hereinafter referred to as “holder”) shall have the right to purchase the instant convertible bonds held by the bondholder on the date of every three months from March 16, 2018 to the date on which 12 months elapse from the date of issuance (hereinafter referred to as “col option”).
Provided, That the holder of the right to request purchase shall not exercise call options in excess of 40% of the issue value of the convertible bonds of this case held by each bondholder for each bondholder.
2. On March 16, 2018, the procedure and method of exercising the call option (1) the date of exercising the call option and the amount equivalent thereto: 100.00% of the face value as of June 16, 2018: (3) the time limit for exercising the call option and the time limit for claiming the claim is intended to exercise the call option.