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(영문) 서울중앙지방법원 2016.09.06 2016가합6823
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 673,012,286 as well as KRW 500,000 among them, from January 1, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 11, 201, the Plaintiff concluded a contract to underwrite convertible bonds with C (hereinafter “C”) under the Defendant’s joint and several sureties (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Terms and Conditions of Issuance) The terms and conditions of issuance shall be as follows:

1. Name of bonds: Second bearer convertible bonds;

2. Types of bonds: Unregistered convertible bonds.

3. Total amount of the bonds: 500 million won (in n.e., 500,000).

4. Par value and number of pages: 100,000 n.g. n. n. n. n. n. n. n. n. n. n. k

5. Issuance price of bonds: 100% of the face value of bonds;

6. Issuance date of bonds: The maturity date of bonds on May 17, 201: 10: 15% per annum on May 8, 2016 and 15% per annum on guarantee (Terms and Conditions of Redemption)

1. Repayment date of principal and interest: Principal and interest shall be immediately repaid when the creditor demands the repayment of principal from May 10, 2013, and 22.5% per annum when the creditor has failed to repay the principal, and the interest shall be paid on the last day of each month;

Article 8 (Cancellation of Contracts and Loss of Time Limit) When any of the following events occurs, A (Plaintiff) may either cancel all or part of the bond acquisition contract, suspend the disbursement of the bond acquisition price, or request the repayment of all or part of the principal and interest before due date:

3. If principal and interest are not paid on the due date for the payment of principal and interest, the entire land of "Da, E, and F" listed in Section 3 (Terms of Redemption) of this Agreement as a security to the creditor in order to guarantee the repayment of principal and interest of convertible bonds under Section 3 (Terms of Redemption) of this Agreement, the establishment of provisional registration and provisional registration simultaneously with the payment of bonds shall be jointly and severally liable with the defendant and G.

B. As set out in Article 18 of the instant contract, the provisional registration of transfer of ownership under the Plaintiff’s name was completed on May 6, 201 on the land D, E, and F (hereinafter “instant real estate”) in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu. The Plaintiff is KRW 500 million for the bond payment to C on May 11, 201 (hereinafter “instant bond payment”).

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