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(영문) 서울고등법원 2017.09.13 2016나2067159

매매대금

Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of investing in business starters and registered as an investment company for the establishment of small and medium enterprises in accordance with Article 10 of the Support for Small and Medium Enterprise Establishment Act, and is an executive member of the instant association, which is the Korea Venture Fund under Article 20 of the Support for Small and Medium Enterprise Establishment Act and Article 4-3 of the former Act on Special Measures for the Promotion of Venture Businesses (amended by Act No. 1160, Mar. 22, 2013; hereinafter “ Venture Business Act”).

B. Around March 6, 2012, the instant association entered into a contract with C (hereinafter “C”) to acquire C’s shares of KRW 1,111,11 (2,250 per share) by investing KRW 2,49,99,750 in C, and acquired C’s shares after paying investment amounting to KRW 2,49,99,99,750 on March 8, 2012.

C. On April 13, 2015, the instant association, an investor, entered into a contract to amend the terms and conditions of the initial investment agreement with C, an invested company, and the Defendants, the joint representative director of C, agreed to assume the obligations stipulated in the revised agreement as interested parties (hereinafter “instant investment agreement”). The relevant terms and conditions of the instant investment agreement are as follows.

Matters of special agreement

Ⅱ Details of the special agreement; and

1. Interested Parties refer to the Securities KOSPI (KOSPex) by March 6, 2016, taking into account the maturity ( November 2017) of an investor’s partnership (AKGI Commercial Economic Investment Association No. 1) (AKGI)’s partnership.

In the event that it is not listed on the KOSDAQ, the investor agrees to hold the right to claim the redemption of 8% per annum to interested parties or third parties designated by interested persons.

Provided, That as long as it is possible to list by the end of 2016 on or before March 6, 2016, the investment company has submitted a detailed plan for listing, and it shall be listed in accordance with the plan.