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(영문) 수원지방법원안산지원 2017.12.07 2015가합24178
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from January 5, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. C (hereinafter “instant company”) issued non-guaranteed convertible bonds with the total face value of KRW 4.1 billion on December 26, 201, as follows.

The face value 1 billion won per face value 4, the face value 100 million won per face value 100 million won per face value 26 December 26, 2014 due to the expiration date of 100 million won, and the types of common shares subject to conversion from December 26, 2012 to December 26, 2014. The conversion value 1,800 won per share;

B. On March 14, 2012, the instant company was suspended from trading of stock certificates on the ground of the examination of de-listing in the KOSDAQ market.

C. On August 23, 2012, the Defendant introduced E, from F on August 23, 2012 (F had an amount equivalent to KRW 1.2 billion out of the convertible bonds stated in paragraph (a) via G H, the representative director of the instant company). A

Of the face value 1 billion won convertible bonds stated in paragraph (1) (hereinafter “instant convertible bonds”), 60% equity (600 million won; hereinafter “instant equity”) was purchased in KRW 200 million.

On August 23, 2012, the Defendant paid F the purchase price in KRW 100 million and KRW 100 million on August 28, 2012, respectively. D.

The Plaintiff, upon introduction, divided the profits accrued from the instant shares into E, and paid to the Defendant KRW 50 million on October 5, 2012, KRW 150 million on October 8, 2012, and KRW 200 million on a total amount of KRW 150 million on October 8, 2012, as investments in the instant shares.

(1) The Plaintiff asserted to the effect that the Plaintiff purchased the instant shares from the Defendant in the criminal complaint case against the Defendant prior to the filing of the instant lawsuit, but in this case, it did not accept the said assertion, the Plaintiff asserts that it was paid as investment money. The Defendant also recognized that it was paid as investment money. However, the details of the investment between the Plaintiff and the Defendant are different, and that it is judged again thereafter).

On December 17, 2012, the defendant shall make an objection to the securities account in the name of the defendant at the office of hearing of the principal bond.

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