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(영문) 서울중앙지방법원 2015.11.26 2015가합20006
사채금상환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 1,00,000,000 won and the period from October 1, 2013 to November 22, 2013.

Reasons

1. Indication of claim;

A. On November 23, 2012, the Plaintiff entered into the instant convertible bonds contract with the Defendant Company Franchision Co., Ltd. (hereinafter “Defendant Company”) with a view to acquiring more than 100 million won convertible bonds with a face value of KRW 100 million issued by the Defendant Company, and registered the said contents in the corporate register of the Defendant Company, and the details thereof are as follows.

The date of issuance/payment: The due date on November 23, 2012: 10 million won/10 per 10 million won/10 issued/total issued amount on November 22, 2013: The surface interest rate of 100%/100 per annum (py, the end of each month): 4% per annum; the overdue interest rate of 10% per annum: 4% per annum from the date following the date of issuance to the date immediately preceding the due date.

B. On November 23, 2012, the date of payment under the instant convertible bonds contract, the Plaintiff paid a total of KRW 1 billion to the Defendant Company as the subscription money for convertible bonds, and subscribed KRW 1 billion to the said convertible bonds.

C. The Plaintiff had the maturity of convertible bonds on November 22, 2013, but did not exercise its convertible rights. Meanwhile, the Defendant Company failed to repay the interest accrued until the maturity date of convertible bonds on October 2013 and November 22, 2013.

Therefore, from October 1, 2013 to November 22, 2013, the date following the date of payment of 1 billion won bond and the last interest thereon, Defendant Company is obligated to pay to the Plaintiff 10% of the agreed interest rate per annum from November 22, 2013, and from November 23, 2013 to the date of delivery of a copy of the complaint in this case, 14% of the agreed interest rate per annum.

E. On November 23, 2012, at the time of the contract with the Plaintiff and the Defendant Company’s instant convertible bonds, Defendant A jointly and severally guaranteed the Plaintiff’s obligation to pay the bond and interest thereon, and interest and interest interest accrued therefrom. Thus, the Defendant Company is jointly and severally liable with the Defendant Company.

The plaintiff shall be liable to pay the money stated in the subsection to the plaintiff.

2. Judgment with no applicable provisions of Acts (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);

3. Partial dismissal of the case is made on September 25, 2015, Article 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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