(영문) 서울서부지방법원 2015.08.27 2015가단11017

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(영문) 서울서부지방법원 2015.08.27 2015가단11017

양수금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and 20% per annum from June 14, 2015 to the date of full payment.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 and 2.

On April 21, 2008, Defendant Dongyang Syunst Co., Ltd. (hereinafter “Defendant Company”) entered into a contract to underwrite convertible bonds (hereinafter “instant convertible bonds subscription contract”) with the Korea Development Bank on May 14, 201, stating that the total amount of KRW 1,00,000,000 and the due date of maturity shall be set as May 14, 201, shall be set as KRW 1,00,000,000, and that the amount of bonds for which the convertible right has not been exercised shall be repaid by adding interest to the total amount of the bonds from the date of issuance of the bonds.

At this time, Defendant A and B jointly and severally guaranteed the obligation under the contract for the acceptance of the instant convertible bonds by the Defendant Company.

B. On February 7, 2013, Korea Development Bank did not exercise the right of conversion and transferred the Defendants’ claims against the Plaintiff.

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,000,000,000 for the acquisition price of KRW 1,000 as part of the claim and damages for delay.

B. Defendant A and B’s assertion as to Defendant A and B’s assertion that since Defendant A and B lost management rights for the Defendant Company on August 6, 2010, they were exempted from the obligation as a joint and several surety of the Defendant Company. However, the joint and several surety contract is not terminated solely on the ground that they lost management rights. Thus, the Defendants’ assertion is without merit.

C. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,000,000 as well as damages for delay calculated at the rate of 20% per annum from June 14, 2015 to the date of full payment, which is the day following the final receipt of the instant complaint by the Defendants.

3. citing the Plaintiff’s claim.

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