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(영문) 서울중앙지방법원 2017.01.26 2016가합550481
보증채무금
Text

1. The defendant shall pay 4,110,400,000 won to the plaintiff and 19% per annum from June 6, 2016 to the day of complete payment.

Reasons

On February 5, 2016, the Plaintiff entered into a contract with MONEX Co., Ltd. (hereinafter “MONEX”) to acquire at least 2 billion won 100 million won of bonds with warrants issued in MON with KRW 20 billion. On the same day, the Plaintiff entered into a contract with MONEX Co., Ltd. (hereinafter “MaONS”) to acquire at KRW 100 million of bonds with warrants issued in MON with KRW 2 billion of 100 million of bonds with warrants issued in MON.

(hereinafter referred to as “each of the instant underwriting contracts” together with each of the above underwriting contracts. Article 9 (Issuance, Subscription, etc. of this case) ① The issuing company shall issue this bond in accordance with the provisions of this contract, and the Plaintiff shall subscribe to this bond and invest in this bond.

(2) The major details and conditions of the issuance and subscription of this bonds, etc., shall be as follows:

(1) 20 million won in 100 million won in 20,000 won in 20,000 won in the face value and number of notes received by the acquirer

7. The underwriter and the subscription amount of the bonds 10. Overdue interest: if the issuing company fails to pay the principal or interest on each date set forth in paragraphs (2) 8 through 9, 10 through 13 of this Article, the overdue interest shall be paid to the principal and interest, and in this case the overdue interest shall be the rate of 19% per annum.

The overdue interest shall be calculated on a daily basis as 365 days per year.

Article 10 (Matters Concerning Early Redemption) The bondholders of this Bonds may require early redemption prior to maturity for all or any part of the face value of the Bonds as of June 5, 2016, four months after the date of issuance of the Bonds, plus the following early rate of return (9.0% per three months welfare year).

In addition, if the early repayment date is not the banking business day, the interest shall be repaid on the next business day, and the interest shall not be calculated after the early repayment date.

1. The place of early repayment and the place of payment: Head office of the issuing company;

2. Request for early repayment:

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