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(영문) 서울중앙지방법원 2018.05.18 2017가합562054
투자금
Text

1. The Defendants jointly and severally stand for KRW 1,145,159,791 and KRW 226,647,021 among them, and KRW 457,01 from April 16, 2017.

Reasons

Facts of recognition

On February 5, 2014, the Plaintiff concluded a contract to underwrite convertible bonds with guarantee private placement (hereinafter “instant convertible bonds”) for the first time between Defendant M2O Forest (hereinafter “Defendant M2 Forest”) and Defendant M2O Forest (hereinafter “instant convertible bonds”) (hereinafter “instant underwriting contract”) on February 5, 2014.

On February 6, 2014, the Plaintiff paid the above Defendant the subscription price of KRW 1 billion, and acquired the instant convertible bonds.

At the time of the instant underwriting contract, Defendant M2Bio converted, on February 5, 2017, 3% per annum, the difference between the interest rate on the principal of the instant convertible bonds (4% per annum) and the surface interest rate (1%) to the bonds not converted into stocks among the instant convertible bonds acquired by the Plaintiff at the time of the instant underwriting contract, into an annual interest rate of 1% per annum from the date following the issuance date of the instant convertible bonds to the date of redemption of the principal of the instant convertible bonds. ② The interest rate of 1% per annum after December 31 of each year was paid from the date following the issuance date of the instant convertible bonds to the date of redemption of the principal of the instant convertible bonds; ③ If such obligation is neglected, the unpaid amount shall be paid at the interest rate of 20% per annum per annum from the following date of each due date to the date of actual payment.

Defendant M2Bio did not pay interest at least 1% per annum to pay the instant convertible bonds on December 31 each year by the due date of the principal repayment of the instant convertible bonds, and the Plaintiff did not convert the instant convertible bonds into stocks by the due date of the redemption of the instant convertible bonds.

On March 17, 2017, the Plaintiff agreed to extend the repayment period for the principal of Defendant Qua Forest and the bonds of this case; (1) up to April 15, 2017 with respect to KRW 200 million with respect to the principal of the bonds; (2) up to June 30, 2017 with respect to KRW 400 million with respect to the principal of the bonds; and (3) up to September 29, 2017 with respect to the remaining principal of the bonds (hereinafter referred to as the “instant amendment agreement”); and (400 million with respect to the Defendant corporation.

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