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(영문) 서울중앙지방법원 2016.03.18 2014가합61628
상환금
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. On December 6, 2007, the Plaintiff entered into a contract to underwrite the instant convertible bonds and 1) The Plaintiff (hereinafter “Defendant Company”) on December 6, 2007.

(1) The term “convertible bonds underwriting contract” with the Defendant Company was entered into, and the Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company under the contract, and the main contents of which are extracted are as follows (the following, “company” means the Plaintiff, “investment company” means the Defendant Company, and “interested persons” means the Defendant B.

hereinafter “instant convertible bonds underwriting contract”

(i) Part I Statement and Article 1 (Purpose of Contract) of the Security Agreement are convertible bonds issued by the “investment enterprise” (hereinafter referred to as “bonds”).

(2) The term "interested person" as defined in Article 2 (Interested Persons) (1) shall approve the provisions of this Agreement and guarantee the performance of the obligations of "investment enterprise" as defined in this Agreement. (hereinafter the same shall apply) "company" shall pay and take over bonds to "investment enterprise" only if the statement and guarantee of "investment enterprise" as stated in the accompanying specifications are true and accurate. (hereinafter the same shall apply) "Investment enterprise" shall resolve to issue bonds as soon as possible after the conclusion of this Agreement and assign them to "company". (2) "Investment enterprise" shall issue bonds as the condition that Article 10 (1) of the Matters concerning the Issuance, Delivery and Conversion of Bonds and Conversion of Bonds (hereinafter referred to as "Investment Enterprise") shall be issued by the Investment Enterprise without delay pursuant to Article 10 (1) of the Agreement.

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