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(영문) 서울중앙지방법원 2019.11.15 2019가합505901
약정금
Text

1. As to KRW 50,00,000 and KRW 250,000 among them, the Defendant shall pay to the Plaintiff KRW 550,000,00 from December 8, 2018, and KRW 300,00,00.

Reasons

1. Basic facts

A. 1) The Plaintiff is a law firm that performs the duties of attorney-at-law, the duties under Article 49(2) of the Attorney-at-Law Act, and the duties incidental to the above duties. 2) The Defendant is a company that engages in online game development business, etc., and C Co., Ltd. (hereinafter “C”) is a security program development business.

B. The Defendant’s issuance of convertible bonds and C-Issuance Priority Shares and Investment 1) The Defendant is D-investment associations and E-investment associations on June 7, 2018 (hereinafter “instant investment associations”).

(2) On July 12, 2018, the Defendant purchased KRW 108,558 (100,000,000,000,000,000,000 won for the purpose of raising the subscription price for the said convertible bonds. On the same day, D Investment Association borrowed each of KRW 2.9 billion from F Co., Ltd., and E Investment Association offered as security to each of the above H Bank. (2) On June 14, 2018, the Defendant purchased KRW 108,558 (100,000,000,000,000,000,000 won for the redemption conversion of the issuance of the said convertible bonds.

C. On July 23, 2018, the Plaintiff, the Defendant, and the C Co., Ltd. concluded each of the instant agreements with Esck: (a) in preparation for an exercise of the right to claim early redemption of the Defendant’s convertible bonds issued as security in the event that the instant investment association failed to pay interest on loans to each of the said H banks and loses profits from each of the loans; and (b) the Plaintiff’s right to claim early redemption of the Defendant’s convertible bonds issued as security (hereinafter “First Esc Agreement”).

AB concluded the agreement.

In the first Escro Arrangement, the Plaintiff’s custody by receiving KRW 800,000 from C, and each month from October 7, 2018.

7. After confirming that the instant investment association paid interest to each of the said H banks, C shall be KRW 50,00,000 on September 7, 2018, and KRW 250,000,000 on December 7, 2018, and KRW 300,000 on March 7, 2019, respectively.

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