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(영문) 서울남부지방법원 2017.05.19 2016가단36243
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2010, the Defendant Company issued the “Korean won-guaranteed bond with non-registered interest coupons” (State) No. 88, which covers the total amount issued as KRW 200,000, KRW 88,000, KRW 88.

On the date of the issuance of the above bonds, Nonparty C purchased bonds worth KRW 200 million as the intermediary of the former branch of the Plaintiff Company.

B. Around May 2013, the Defendant Company had difficulties in management, filed an application for joint management by creditor financial institutions with the principal creditor bank, and the general creditor also held a company meeting to extend the maturity of the corporate bonds and to convert into investments.

C. On November 27, 2013, at the 88th conference of bond holders related to the bonds held on December 3, 2013, a resolution was passed to convert the maturity of the bonds from December 3, 2013 to December 31, 2017. At the meeting of bond holders held on December 20, 2013, a resolution was passed to acquire registered ordinary stocks issued by the Defendant at KRW 2,500 per share value, unless it is contrary to relevant statutes.

The Changwon District Court authorized the resolution of the meeting of each of the above bondholders.

Defendant Company decided to issue new shares through a third party allotment to bondholders who voluntarily participate in debt-equity swap through a resolution of the board of directors on January 16, 2014, and specified the period from January 9, 2014 until the end of January 1, 200, the Plaintiff stated the period from the warden to the end of January, 201, but the certificate No. 8 of the Plaintiff

2. 6. The entry was made up to 6.

In addition, the objective evidence that could identify the end of the period has not been produced.

To the 88th bondholder who reported the bond, new shares were allocated to the 58th bondholder by offsetting the claim amount equivalent to 58% of the face value of the bond with the face value of 2,500 won.

However, C reported its claim on March 31, 2014, but the defendant company has already been involved in the debt-equity swap in the 88th corporate bonds.

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