(영문) 수원지방법원 2016.11.04 2015가합67911

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(영문) 수원지방법원 2016.11.04 2015가합67911

부당이득반환 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2012, the Defendant entered into a contract to underwrite bonds with warrants (hereinafter “instant bonds with warrants”) with EP Co., Ltd. (hereinafter “S”) and Nonparty Co., Ltd. with the total face value of KRW 3 billion (500 million in face value, KRW 6 in face value) in the total face value of the issuance of the instant bonds with warrants (hereinafter “instant bonds with warrants”) with the acquisition amount of KRW 3 billion,000,000,000. The maturity of the bonds shall be determined as March 7, 2015, and the Defendant agreed to exercise the right to claim early redemption from March 7, 2013, every three months from the date of issuance of the instant bonds with warrants, to exercise the right to claim early redemption prior to the maturity.

In addition, the defendant paid the acquisition price of KRW 3 billion to the non-party company.

B. On January 18, 2013, the Defendant filed a claim for early repayment of all of the instant bonds with warrants with the Nonparty Company, following consultation with the Nonparty Company. On March 7, 2013, the Defendant concluded a contract between the Nonparty Company and the Nonparty Company for corporate split-off repayment with the purport that the principal of the instant bonds with warrants shall be paid in installments during a period from March 7, 2013 to February 7, 2014. On that day, the Nonparty Company provided the Defendant with the inventory assets of the Nonparty Company as security for the principal and interest of the instant bonds with warrants.

C. In addition, on December 27, 2013, the Plaintiff entered into a transfer security agreement between the Defendant and the Defendant to secure the repayment obligation of the non-party company arising from the right of early repayment exercised as above, and accordingly, offered the inventory assets owned by the Plaintiff to the Defendant as security.

On April 28, 2014, Nonparty Company filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014hap103, and the said court rendered a decision to commence rehabilitation procedures on May 28, 2014.

The defendant on June 25, 2014, issued with this case’s bonds under the above rehabilitation procedure.

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