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Reasons
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(영문) 서울중앙지방법원 2017.07.18 2016가합561221
전환사채상환금 청구의 소
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1. The Defendants jointly and severally against the Plaintiff KRW 1,735,00,000 and the Defendant C with respect thereto from April 25, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running businesses such as the provision of film content and services, media, marketing, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company running broadcast program production business, event business, and various performance businesses.

Meanwhile, Defendant D is the representative director of the Defendant Company, and Defendant C is the actual owner of the Defendant Company, who operates the said Company together with Defendant D.

B. On April 25, 2016, the Plaintiff invested USD 6 million in the U.S. EELC (ELC; hereinafter “E”) with the Defendant Company, and acquired 25.1% of its equity interest, thereby promoting the business (hereinafter “instant business”).

On April 25, 2016, the Plaintiff entered into a contract for the acceptance of convertible bonds with the content that the Plaintiff would acquire the registered convertible bonds issued by the Defendant Company at KRW 1.735 million (Korean won equivalent to USD 1.5 million) (hereinafter “instant convertible bonds contract”), and entered into a separate agreement with the Defendant Company and the Defendant C to determine specific matters regarding the instant project and the instant convertible bonds contract (hereinafter “instant agreement”).

Article 2 (Terms and Conditions of Issuance) The Defendant Company shall issue bonds in accordance with this Agreement with the following terms and conditions, and the Plaintiff shall accept them:

1. Name of the bonds: The first-time privately placed convertible bonds of a stock company;

2. Types of bonds: Registered convertible bonds; and

3. Total amount of bonds issued: 1,735,000 won;

4. Face value of bonds and the number of pages: 1,735,000,000 won.

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

6. Interest rate of bonds: 6.9% per annum, and 6.9% per annum on maturity guarantee.

7. Issuance date of bonds: April 25, 2016;

8. The maturity date of bonds:

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