(영문) 서울중앙지방법원 2019.01.23 2016가합524857

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(영문) 서울중앙지방법원 2019.01.23 2016가합524857

채권자대위소송

Text

1.(a)

Defendant C’s 220,00,000 won for Plaintiff A Co., Ltd. and 110,000,000 won for Plaintiff B Co., Ltd. and each of the above.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company engaged in the manufacturing and distribution of drugs, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) is a company engaged in the import of drugs and the wholesale and retail business, etc. of drugs, and E is a company engaged in the development, manufacture, and sale of new technology, new products, and products related to medicine, and Defendant C is a former representative director, and Defendant D is a person who was issued convertible bonds from E.

B. On November 5, 2012, E issued the one-time privately placed convertible bonds, and Defendant D entered into a contract to underwrite convertible bonds with the face value of KRW 200,000,000 (hereinafter “instant convertible bonds”) from E on the same day, and paid KRW 200,00,000 to E on the same day.

Article 3 (Conditions for Issuing Bonds) (1) The terms and conditions of issuing this Bonds issued by E shall be as follows:

9. Interest rate of bonds: the surface interest rate shall be zero point five percent per annum.

Provided, That the return on maturity guarantee for the bonds that have not exercised the conversion right within the period of the claim for conversion shall be 7% per annum.

10. Method and deadline for repayment of bonds: In cases of bonds for which conversion rights are not exercised during the period for exercising the right to demand conversion, the principal and interest shall be redeemed at a time on January 5, 2015;

11. Method and deadline for payment of interest: The interest on this bond shall be calculated from the following day from the issue date to the redemption date of the principal, and shall be paid three months after the issuance date of the bond.

12. Overdue interests: In cases where the repayment of principal and the payment of interest are not made on the date under subparagraphs 10 and 11, overdue interests shall be paid for such principal and interest; and

In such cases, the interest rate on overdue loan shall apply the highest interest rate for overdue loan for the period from the date following the payment date to the actual payment date.

13. Place of redemption of principal and payment of interest: The branch of the Industrial Bank.

3. Period for requesting conversion: Twelve months after the date of issuance of the bonds.

유사 판례

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