(영문) 서울고등법원 2016.02.04 2015나2014943

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(영문) 서울고등법원 2016.02.04 2015나2014943

전환사채원리금청구

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 21, 2012, the Plaintiff and Co-Defendant B Co-Defendant B Co-Defendant B Co., Ltd. (hereinafter “B”) in the first instance trial on February 21, 2012.

(1) The contract is entered into with the following (hereinafter collectively referred to as “instant prior contract”):

(2) The Co-Defendant D of the first instance trial (hereinafter “D”) who was holding 100% of the shares of B as the representative director at the time of concluding the instant prior contract with the Plaintiff was jointly and severally liable for joint and several liability under the instant prior contract with the Plaintiff at the time of the conclusion of the instant prior contract with the first instance trial, with the acquisition of KRW 500,000 of the face value (2,000,000 of the outstanding convertible bonds of KRW 2,00,000 of the outstanding convertible bonds of KRW 4,000 issued by B (2,00,000 of the outstanding convertible bonds of KRW 2,00,000 of the outstanding convertible bonds of KRW 2,00,000,000 of the outstanding convertible bonds of KRW 10,000,000.

B. On September 2, 2013, the Defendant entered into a contract on the purchase and sale of shares and the transfer of management rights with D as to the acquisition of 1,500,020 common shares of B held D from D as KRW 1 won per share. 2) On September 6, 2013, the Plaintiff entered into an additional contract with B on September 6, 2013 (Evidence 6; hereinafter “the instant additional contract”; hereinafter “the instant additional contract”; and on the same day, the instant additional contract entered into with D as well as the instant additional contract on the acquisition of shares (Evidence 7; hereinafter “the instant convertible bond acquisition contract”), the preferential contract for conversion of redemption (Evidence 8; hereinafter “the instant convertible bond acquisition contract”), the agreement with interested parties, and the agreement with joint and several sureties.

3. Agreement at the end of the instant additional contract.

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