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(영문) 서울중앙지방법원 2017.01.12 2015가합514235
전환사채 상환청구
Text

1. The defendant shall make 2,300,000 U.S. dollars to the plaintiff A, 1,150,000 U.S. dollars to the plaintiff B and each such amount.

Reasons

1. Basic facts

A. 1) A corporation established by the Guam Act in 2000, the Defendant is a corporation that operates gas stations and convenience stores in the Guam area, and that supplies LPG to the North Mariana Islands (Norlands) and the Qal, etc.; 2) the Defendant’s founder network D (Death around August 2008) appointed E as the president, F as a vice president, and operated the Defendant. The network D was used as a brain stroke on February 2002, and the guardian was appointed and the assets owned by the network D were entrusted to G.

3) Plaintiff B Co., Ltd (hereinafter “Plaintiff”)

(2) A) As a company established for the purpose of export, import, and sales, Plaintiff A was registered as a director, and Plaintiff A’s spouse was registered as a representative director from June 30, 1995 to February 29, 196, and H was registered as the representative director. B. H between the Defendant and the Defendant on February 27, 2007, and between the Defendant and the Defendant on February 28, 2007, the Defendant issued at USD 3,000,000 for the amount of convertible bonds at 2010 (CB Subs du 2010).

A) Around February 28, 2007, the Defendant issued 2 convertible bonds of USD 1,000,000 for face value to the Plaintiff and issued 1,000,000 for each of them to the Plaintiff and 1,000,000 for each of them (hereinafter referred to as “instant bonds”).

(C) According to the instant contract, except the contract provisions or matters to which the Guam Act mandatory applies, the instant contract shall be governed by the Korean law and interpreted accordingly (Article 13(1), 2, the Seoul Central District Court shall not be bound to all the lawsuits arising from, or arising in connection with, the instant contract.

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