(영문) 서울중앙지방법원 2019.05.02 2018가합535882

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(영문) 서울중앙지방법원 2019.05.02 2018가합535882

사채원리금반환 등

Text

1. The Defendants jointly and severally agreed to the Plaintiff A, KRW 132,769,881, and KRW 116,269,573, and each of them.

Reasons

1. Basic facts

A. On April 15, 2010, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) acquired bonds with warrants worth KRW 600,000,000 issued by Defendant C Co., Ltd. (hereinafter “Defendant”) and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) acquired bonds with warrants worth KRW 500,000,000 issued by Defendant Co., Ltd. on the same day (hereinafter “Plaintiff B”), and the Plaintiffs paid the full amount of the acquisition price.

B. The main contents of the instant bonds with warrants (Evidence A No. 11-2) are as follows.

Article 14 (Conditions on Issuance of Bonds)

9.The interest rate on the face of the debentures shall be two per annum from the date following issuance to the date of redemption (including maturity; hereinafter the same shall apply).

Provided, That the guaranteed return on corporate bonds for which conversion rights are not exercised shall be 8% per annum.

10. If the method and deadline for the payment of interest due to the principal and maturity guarantee return of bonds are not converted by the maturity date of the bonds, the principal of the bonds shall be temporarily redeemed at maturity if the conversion is not made. 3) With respect to the face value of the bonds for which the conversion right is not exercised, the difference between the guaranteed return rate and surface interest rate on the maturity date of the bonds shall be made by adding the amount calculated by the welfare for each quarter to the principal during the period from the date following the date of issuance to

11. Under Article 14(1)10-3, of the instant bonds with warrants, the method of paying overdue interest and the method of paying overdue interest and the difference between the rate of return (8%) and the face value (6%) on the face value of the bonds for which the conversion right is not exercised, the amount calculated by adding the amount calculated by the “du” to the principal for each quarter during the period from the following day of the issuance of the bonds to the maturity date, and Article 14(1)11 of the said contract related to overdue interest also provides that the repayment shall be made in addition to the principal.

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