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(영문) 서울중앙지방법원 2019.09.05 2019가합516994
전환사채 상환 청구
Text

1. The Defendant’s KRW 1,00,000,000 as well as 7% per annum from September 7, 2018 to December 31, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 6, 2018, the Plaintiff issued convertible bonds with the Defendant and the Defendant’s total face value of KRW 1,00,000,000 with maturity of KRW 31 December 2018, with maturity of KRW 1,000,000, KRW 7% per annum on surface interest rate and interest rate on maturity guarantee, and KRW 15% per annum on delay interest rate (hereinafter “instant convertible bonds”), and the Plaintiff entered into a contract with the Plaintiff to accept the instant convertible bonds (hereinafter “instant underwriting contract”).

B. On September 6, 2018, the Plaintiff paid KRW 1,000,000 to the Defendant and acquired the instant convertible bonds.

C. On November 22, 2018, the Plaintiff sent to the Defendant a content-certified mail claiming reimbursement of KRW 1,000,000,000 for the instant convertible bonds, and around that time, the said content-certified mail reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff 1,00,000,000 won with the total face value of 1,00,000,000 with the maturity of the convertible bonds of this case and damages for delay calculated by the agreed interest rate of 7% per annum from September 7, 2018 to December 31, 2018, the maturity date of the convertible bonds of this case, from September 31, 2018, which is the day following the maturity date of the convertible bonds of this case, and the damages for delay calculated by the agreed interest rate of 15%

(B) (A) insofar as the Plaintiff’s claim is received due to the arrival of the maturity, it is not separately determined as to the assertion of loss of benefit due to the instant breach of contract).

The defendant's assertion argues that the acquisition contract of this case is meaningful as an investment to convert convertible bonds into stocks in accordance with the defendant's performance preference rather than the defendant's acquisition of bonds against the defendant, and that the return of the investment amount is determined on the condition of profit generation. Thus, the defendant's claim against the defendant for payment of the total amount of KRW 1,00,000,000 of the investment principal against the defendant, even though loss occurred to the defendant.

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