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(영문) 서울중앙지방법원 2020.01.23 2019가합509200
대여금
Text

1. As to the Plaintiff KRW 660,00,000 and KRW 15,000 among them, the Defendant shall pay to the Plaintiff KRW 660,00,000 from November 5, 2017, and KRW 120,00,00.

Reasons

1. Facts of recognition;

A. During the period from November 4, 2016 to June 16, 2017, the Plaintiff concluded a contract to underwrite each convertible bond with C Co., Ltd. (D Co., Ltd. (hereinafter “C”) on three occasions, and paid C the following amount, as indicated in the table below, and the Defendant jointly and severally guaranteed C’s obligations under the contract to underwrite each convertible bond.

The annual interest rate of 5% per annum on the annual interest rate of 19% per annum, the maturity rate of 300,000,000 won until November 4, 2016, with respect to the principal and interest on the maturity date of 5% per annum, which is 19% per annum on the annual interest rate of 19% until the end of February 10, 2017, with respect to the principal and interest on February 10, 2017, the total face value and issue value of convertible bonds and the maturity maturity maturity bonds shall be 50,000,000 won on June 16, 2017.

The plaintiff did not exercise its conversion right until the deadline for exercising the conversion right of each convertible bond.

C. On April 4, 2018, the Plaintiff accepted KRW 600,000,000 for 120,000 new shares of C. On the same day, the Plaintiff set off KRW 300,000,000 for the principal amount of convertible bonds issued on November 4, 2016 and KRW 300,000,000 for the principal amount of convertible bonds issued on February 10, 2017, out of KRW 400,000 for the principal amount of convertible bonds issued on February 10, 2017, against the amount equal to C’s bonds issued on an automatic bond.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the interest of the above convertible bonds 315,000,000 won (=300,000,000 won 300,000,000 won x 1 year x 0.05 x 1 year), 420,000,000 won (=400,000,000 won x 0.05 x 1 year x 525,0005 x 50,000,000 won x 500,000,000 won with the principal and interest of each of the above convertible bonds x 00,000,000 won x 00,005 x 1 year x 300,000 won with the interest and interest of each of the above convertible bonds x 300,005,00 won with the above principal and interest of each of the above convertible bonds.

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