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(영문) 서울중앙지방법원 2017.04.05 2016가합568109
이자지급청구의 소
Text

1. As to KRW 11,582,276,575 among the Plaintiff and KRW 10,773,125,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 10,773,125,00 from September 28, 2015 to October 5, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of civil engineering, construction, construction and supervision, etc., and the Defendant is a project implementer established to develop a site for a railroad base near Yongsan Station in Yongsan-gu Seoul Metropolitan Government.

B. On September 26, 2011, the Plaintiff entered into each of the instant underwriting contracts with the Defendant, as indicated in the table below (hereinafter “instant underwriting contract”).

was concluded. Article 1 (Issuance and Acceptance) 1.1 Issuer (Defendant; hereinafter the same shall apply)

(1) Upon resolution of the board of directors held on September 11, 201, the following amount out of the total face value of registered and non-registered convertible bonds issued at the first time by a resolution of the board of directors held on September 11, 201, out of the total face value of registered and non-registered convertible bonds issued at the first time by an existing

The underwriter shall allocate the convertible bonds to him and agree to pay the principal of the bonds by acquiring them. The face value of the convertible bonds subscribed and paid by the underwriter shall be one hundred million won (9,600,000,000 won): the time when an underwriter who is a party to the contract for the issuance of this case acquires the convertible bonds shall be September 27, 201, or other date agreed with the parties. Article 2 (Terms of Issuance of this convertible bonds issued by the issuer of the terms of issuance, and the terms of issuance of this case to be included in the bonds shall be as follows:

1. Trade name of issuing company: Dlimb project financial investment company;

2. Name of the bonds: The first convertible bonds for a rare project financial investment (main).

3. The types of bonds: Registered, non-guaranteed, private placement, and convertible bonds;

4. Total face value of bonds: 9,600,000 won ( KRW 9,600,000).

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

6. Interest rate of the bonds;

(a) Surface interest rate: 5.0% (interest shall be paid every three months: Provided, That in the case of a lawful early redemption request, the interest payment method and time limit shall be set forth in the conditions for early redemption) interest payment: The interest on this convertible bond shall be from the date of issuance to the date before the redemption date of principal;

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