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(영문) 서울중앙지방법원 2016.03.25 2011가합34045
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation of the Republic of Korea established for the purpose of investing in shares in venture businesses and small and medium enterprises, whose trade name was G, and H was the largest shareholder and was the representative director.

B. Defendant B is a trustee of the unit trust of Guneman I (hereinafter “I”) only in the case of “I”, and Defendant C is a company for investment advisory and operation established in the United States, Defendant D is a corporation of the Republic of Korea that takes charge of investment in Defendant B’s Republic of Korea and its representative director, and Defendant F is a director of Defendant D’s registration.

C. The J (hereinafter “J”) was a Korean company established for the purpose of manufacturing electrical and electronic equipment, etc., and H was employed as a director from November 7, 2006, and as a representative director from November 12, 2007.

On November 21, 2006, Defendant B acquired the instant bonds with non-guaranteed overseas bonds (hereinafter “instant bonds with warrant”) with the face value of KRW 15,000,000 issued by J on November 21, 201, and the maturity date of November 21, 201. Article 7(C) of the Conditions for Issuance of the instant bonds with warrant provides that in the event a promissorysory note issued by J on borrowing USD 1,00,000 or more is lost due interest, the benefit of the instant bonds with warrant shall also be lost. Article 7(C) provides that “Where the J’s share price falls below 500 consecutive 10 days with its face value of below 500,000 won, the J shall pay interest at a rate of 10% per annum from the date of issuance to the date of actual payment.”

E. Defendant B issued on March 2, 200 by L, a KOSDAQ-registered corporation, Ltd. (hereinafter “L”) on March 2, 200, with a maturity of USD 14,000,000 convertible bonds equivalent to that of USD 5, 209.

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