(영문) 수원지방법원성남지원 2020.10.27 2020가합405787

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(영문) 수원지방법원성남지원 2020.10.27 2020가합405787

사채원리금

Text

1. The defendant shall pay 2,500,000,000 won to the plaintiff and 12% per annum from April 8, 2020 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is a mutual savings bank Co., Ltd. (hereinafter “C”).

(2) On June 14, 2018, the Defendant issued to C non-guaranteed private equity bonds No. 31, 2000, KRW 6,000,000 in total amount of subscription price and face value, and the main contents of the instant case are as follows, among the underwriting contract regarding the issuance of the said convertible bonds (hereinafter “instant underwriting contract”).

§ 3. Terms and conditions of issuance of bonds 12. Matters concerning the right of early redemption of the bondholder: The bondholder of this bond may claim early redemption prior to maturity for all or part of the amount calculated by adding an early return rate to the face value of the bond as of the 12th anniversary of the date of issuance of this bond (the 14th June 2019) and the 6th anniversary of the issuance date.

Provided, That if the date of early repayment is not the banking business day, the interest shall be repaid on the next business day, and the interest shall not be calculated after the date of early repayment.

(1) The early repayment claim amount on 14 June 2019: 103.039% of the face value of face value: 104.582% of the face value of face value on 14 December 2019: 106.159% of the face value of face value on 14 December 2020: 107.7583% of the face value of face value on 107.7583% of the face value of face value of face value on 14 December 2020: overdue interest on 107.7583% of the face value of face value of face value; when the issuing company fails to pay the principal or interest on 10 through 12 of this Article and on 8 of this Agreement, the overdue interest shall be paid to the principal and interest.

In such cases, the overdue interest rate shall be 12% per annum.

The overdue interest shall be 365 days per year and shall be calculated on a daily basis.

Article 8 Loss of Time Limit Interest

1. In the event of the occurrence of the following subparagraphs, the issuing company shall immediately lose the benefit of time on this issue, and the issuing company shall pay to the underwriter the principal and interest on this issue:

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