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(영문) 서울중앙지방법원 2016.10.27 2015가합543103
전환사채원리금 청구
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is assessed against the Intervenor.

Reasons

1. Basic facts

A. The Plaintiff was the representative director and the major shareholder of C Co., Ltd. for the purpose of importing, distributing, distributing, distributing home video products (hereinafter “subject company”). The Defendant is a company with the purpose of trade, export, and import business.

B. On November 13, 2014, the Plaintiff entered into a contract with the Defendant to transfer to the Defendant shares 22,440 shares in the subject company owned by the Plaintiff, and management rights of the said company. The main contents are as follows.

Article 1 The purpose of this Agreement is to acquire from the transferor the registered common shares of the subject company (C) and only 22,440 shares of the registered common shares of the subject company (C) owned by the transferor, and to determine all matters related to acquiring from the transferor through due process of law the management right of the subject company (C).

Article 5. Transfer Price

1. The total acquisition amount of the transferred stocks shall be KRW 2,300,000,000 ( KRW 2,300,000);

Article 6 Payment of Transfer Price

1. On November 17, 2014, “A transferee” should pay the transfer price under Article 5 above by issuing the Defendant’s convertible bonds (CB) to “transferor”.

C. On November 17, 2014, the Plaintiff entered into a contract with the Defendant to acquire convertible bonds with respect to KRW 2.3 billion (hereinafter “instant convertible bonds”) out of the 17th non-guaranteed private equity convertible bonds issued by the Defendant to receive the acquisition price pursuant to the said agreement, and the main contents thereof are as follows.

§ 2. (1) Conditions for issuing this bond are as follows:

1. Trade name of issuing company: Defendant;

2. The name of bonds: Unguaranteed convertible bonds and non-guaranteed convertible bonds; and

3. The types of bonds: non-guaranteed convertible bonds with no interest coupon in bearer form;

4. Total face value of the bonds: 10 billion won ( 2,300,000,000).

5. Type and amount of the debentures of this category: gold detention.

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