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(영문) 서울중앙지방법원 2017.06.23 2016가합579079
약정금
Text

1. The Plaintiff simultaneously with the delivery of corporate bonds listed in the separate sheet from the Plaintiff:

A. The Defendants shall be jointly and severally.

Reasons

Facts of recognition

The plaintiff is a corporation established with the purpose of Internetphone business, investment, investment consulting, etc.

F Co., Ltd. (hereinafter referred to as “F”) is a stock company established for the purpose of manufacturing and selling liquid display devices, and Defendant A is the F representative director, Defendant B, C, and D are F in-house directors, and Defendant E are F outside directors.

Upon receipt of a request from F to lend KRW 1 billion to F for three months, the Plaintiff acquired “the 7th non-guaranteed private equity convertible bonds (the total face value of KRW 1 billion)” (hereinafter “instant convertible bonds”) issued by F on July 21, 2016.

The Plaintiff paid KRW 1 billion to F on the same day, and received the instant convertible bonds.

On July 21, 2016, the Plaintiff and the Defendants agreed that “the Defendants shall purchase the instant convertible bonds from the Plaintiff in KRW 1.03 billion, and shall jointly and severally pay KRW 1.03 billion to the Plaintiff on October 20, 2016. In a case where the Plaintiff did not pay the said purchase price to the Plaintiff on October 20, 2016, the Defendants paid overdue interest at a rate of 19% per annum for the said purchase price from the Plaintiff to the date of actual payment.”

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers), and the defendants are obligated to pay to the plaintiff the purchase price of the convertible bonds of this case with KRW 1,030,000 of the purchase price of the convertible bonds of this case and delay damages therefrom, together with the delivery of the convertible bonds of this case from the plaintiff.

The Plaintiff filed a claim for damages for delay from October 21, 2016, which is the day following the scheduled date of payment of purchase price, to the date of delivery of a copy of each complaint of this case against the Defendants.

The Defendants’ obligation to pay the purchase price of the instant convertible bonds and the Plaintiff’s obligation to deliver the instant convertible bonds are concurrently performed.

During the above period, the Plaintiff is the Defendant.

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