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(영문) 수원지방법원 성남지원 2018.01.19 2017가합298
약정금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 429,762,69 and KRW 300,000 among them, and Defendant A Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff is a start-up business start-up business investment association, and Defendant A (hereinafter “Defendant Company”) is a company that manufactures eco-friendly farming materials and wholesale and retail business.

Defendant B is the representative director of the Defendant Company, and Defendant C is each a director of the Defendant Company.

B. (1) On December 29, 201, the Plaintiff made an investment in KRW 300,000 by means of the Plaintiff’s payment of the subscription price for convertible bonds with the Defendant Company. The Defendant Company shall issue to the Plaintiff the issuance price of KRW 300,000 on December 30, 201, the redemption date, December 29, 201, and the issuance price of KRW 9% per annum (total face value) at the interest rate of KRW 300,000,000 (hereinafter “instant contract”).

(2) On December 30, 201, the Plaintiff paid KRW 300,000,000 to the Defendant Company and acquired convertible bonds in accordance with the instant contract.

3) Defendant B and C jointly and severally guaranteed the Defendant Company’s obligation to repay the investment amount under the instant contract to the Plaintiff. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3 (including the number No. 3, Eul evidence Nos. 1, 5 through 7, 14, and 15, the purport of the entire pleadings, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion is that the Defendants are obligated to pay or guarantee the investment amount under the instant contract. Thus, the Defendants jointly and severally pay to the Plaintiff KRW 300,000,000, interest accrued from December 30, 201 to October 19, 201, and damages for delay after the delivery date of the duplicate of the instant complaint.

3. According to the facts of the above recognition 1, the defendant company is obligated to repay the investment amount to the plaintiff according to the contract of this case, and the defendant B and C are jointly and severally liable to pay the above investment amount to the plaintiff.

Therefore, barring any special circumstance, the Defendants jointly and severally seek the said KRW 300,000,000 from the Plaintiff and the said KRW.

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