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1. The defendant shall pay to the plaintiff KRW 757,041,095 as well as 5% per annum from July 1, 2015 to December 2, 2015, and the next day.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) concluded a contract on September 1, 2006 for the manufacture and installation of waste incineration facilities and prevention facilities to D Co., Ltd. (hereinafter “D”) by setting the construction cost of KRW 6.5 billion and the construction period from September 5, 2006 to February 28, 2007. D completed the said construction work around January 2007.
B. On May 13, 2008, E, one of the joint representative directors of C, on behalf of C, issued the same convertible bonds upon entering into an underwriting contract with the Hanman Investment Co., Ltd. (title, “Korean currency technology financing Co., Ltd. at the time”; hereinafter “Korean currency financing Co., Ltd.”) for the acquisition of registered convertible bonds on November 13, 2009, the total face value of which was KRW 2 billion, and the maturity date of which was November 13, 2009.
(hereinafter referred to as the “instant convertible bonds”) with a personal reference to the issued convertible bonds.
C on May 13, 2008, after receiving KRW 2 billion from the Hanman Investment, paid it as a part of the construction price D.
D on the other hand,
6.13. Conclusion of a contract with the Korean Human Resources Investment to acquire the convertible bonds of this case in the amount of two billion won;
8. 13. 13. Korea Development Bank paid 2.2 billion won of the acquisition price to the Korea Development Bank, thereby acquiring the convertible bonds of this case.
D) Upon C’s failure to receive the balance of the contract price and the principal and interest of the instant convertible bonds from C, C and the Defendant (as to the Defendant, the Defendant asserted that it is a transferee of the business that belongs to the trade name of C) filed a lawsuit seeking the payment thereof (U.S. District Court 2012Kahap1637). On November 15, 2012, regarding the claim for the payment of the principal and interest of the instant convertible bonds, the instant convertible bonds between C and Kan Investment is null and void as an unauthorized representative act contrary to the joint representation’s limitation, and the instant convertible bonds issued based thereon.