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(영문) 서울중앙지방법원 2018.02.09 2017가합521480
약정금
Text

1. As to KRW 609,060,958 among the Plaintiff, the Defendant shall be annually from February 10, 201 to March 3, 2017.

Reasons

1. Basic facts

A. On October 11, 2013, the Plaintiff and the Defendant concluded an “convertible bonds underwriting contract” (hereinafter “instant contract”) with the Defendant to issue convertible bonds of KRW 500 million (hereinafter “instant convertible bonds”) to the Plaintiff.

The specific contents of the above contract related to the instant case are as follows.

(Purpose of this Agreement) This Agreement is concluded on October 11, 2013 in order for the Plaintiff to acquire convertible bonds issued by the Defendant by a resolution to issue the convertible bonds.

Article 2 (Issuance and Acceptance of Convertible Bonds) The defendant shall issue convertible bonds as follows, and the plaintiff shall underwrite them:

(1) Name of the bonds: The type of bonds (2) non-guaranteed private equity convertible bonds with the first type of bonds: The amount of registered convertible bonds.

Article 15 (Loss of Benefit of Time) (2) If a defendant delays in payment of interest for a consecutive one month from the time when he/she is liable to pay the interest, he/she shall lose the benefit of time for the obligation concerned and be liable to pay it by urging or notification,

Article 22 (Matters of Special Agreement) (2) Notwithstanding any other provisions of this Agreement, unless a loss (excluding any change made due to the issuance of bonds) is incurred in the financial statements submitted by the defendant to the tax office, the plaintiff shall request the defendant to convert the bond into stocks on the date of bond maturity.

provided, however, that there is a loss.

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