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1. The Defendants shall jointly and severally pay one billion won to the Plaintiff and 12% per annum from September 28, 2019 to the date of complete payment.
Reasons
1. Basic facts
A. On November 28, 2016, the Plaintiff (former Company E) entered into a contract for the acquisition of convertible bonds with Defendant C Co., Ltd. (former Company FF Co., Ltd.; hereinafter “Defendant Co., Ltd.”) to underwrite the convertible bonds of KRW 1 billion (100 million worth KRW 100 million) generated by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The main contents are as follows, and Defendant D jointly and severally guaranteed the Defendant Co., Ltd’s obligations under the instant convertible bonds acquisition contract.
§ 2 (Terms of Issuance) (i.e., Terms of Issuance of this Bonds)
1. Trade name of issuing company: stock company F;
2. The name of bonds: The first convertible bonds with no interest coupon in bearer form, private placement, and convertible bonds;
3. Type of bonds: Unregistered privately placed convertible bonds.
4. Total face value of the bonds: Amount of KRW 100 million (the face value of the bonds subscribed): Bonds E, stock companies: Amount of KRW 100 million, and details of the bonds: Ten copies of KRW 100 million.
5. Type and amount of principal corporate bonds: Ten copies of 10 billion won per gold.
6. Issuance value of bonds: 100% of the face value of each bond;
7. The interest rate of the bonds: the surface interest rate for the total face value of each bond from the following day of the issuance of this bond to the redemption date shall be 2% per annum, and the early redemption return and maturity guarantee return rate shall be 3% per annum.
8. Maturity rate of bonds: November 28, 2019;
9. Method and deadline for repayment of bonds: 103.09% of the principal of the bonds as of November 28, 2019 shall be redeemed in lump sum;
10. Right to Early Redemption: A bondholder of the Bonds may claim early redemption of all or part of the principal of the Bonds as at the date two years have elapsed from the date of issuance of the Bonds (No. 28 November 2018) and every three months thereafter (hereinafter referred to as "the date of early redemption").
Provided, That if the date of early repayment is not a bank business day, it shall be repaid on the next business day, and interest shall not be calculated after the date of early repayment.
A claim for early repayment shall be filed by the bondholder prior to the date of early repayment.