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(영문) 서울서부지방법원 2017.05.25 2017가합30279
전환사채 상환금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Around 2006, Plaintiff A lent KRW 5,100,000,00 to D, and around May 13, 2016, Plaintiff A settled the principal and interest on D and unpaid loans at KRW 1,700,000.

Plaintiff

A, around May 13, 2016, Plaintiff B, the wife of Plaintiff B, determined and lent KRW 130,000,000 to D as of May 31, 2016 on the date of repayment, and Plaintiff A agreed to receive KRW 400,000,000 out of the principal and interest of the outstanding loan from D on the date of payment.

(hereinafter referred to as D’s respective obligations against the Plaintiffs are “each of the loans of this case”). B.

On May 13, 2016, the Plaintiffs were issued five copies of convertible bonds non-registered private equity securities Co., Ltd. (hereinafter “instant convertible bonds”) 12 times in which par value is 500,000,000 in total as security for each of the instant loan obligations from D (hereinafter “instant convertible bonds”) from May 13, 2016.

(hereinafter “instant entry”). Specific contents of the instant convertible bonds are as listed below.

Defendant F10,000,00 won for Defendant F10,000 won on April 6, 2016 ( April 6, 2019) G 10,000,000 G ( April 6, 2019) Defendant F ( April 6, 2019) H 10,000,000 won on April 6, 2016 ( April 6, 2019) Defendant F 10,000,000 won on April 6, 2016 ( April 6, 2019) and KRW 10,000,000 for Defendant F 10,000,000 won on April 6, 2016 ( April 6, 2019)

C. At the time of the instant entry, the Plaintiffs received a certificate of personal seal impression issued by F with D with the instant convertible bonds issued by Kdong head of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant certificate of personal seal impression”), a certificate of issuance of convertible bonds with the purport that the Defendant issued the instant convertible bonds on April 6, 2016, and a certificate of personal seal impression issued by the Defendant of the Seoul East District Court Gangwon District Court.

In the column for the use of the certificate of the seal impression of this case, the phrase “(State) CB security” is indicated.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 4 (if there are serial numbers, each number shall be included; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The plaintiffs' assertion

A. The process of establishing the pledge of this case,

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