손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)
(2) Defendant C served as the representative director of the Defendant Company and resigned on March 12, 2015, while Defendant D served as an internal director of the Defendant Company, and was appointed as the representative director on March 12, 2015. < Amended by Act No. 13588, Mar. 12, 2015>
Defendant E is not an employee of the Defendant Company, but has recruited investors on behalf of the Defendant Company and collected approximately 5% of the investment from the Defendant Company as fees.
3) The Plaintiff is an investor in the Defendant Company. (B) On May 29, 2013, the Plaintiff entered into an underwriting contract with the Defendant Company for the privately placed bonds and invested KRW 100 million in the Defendant Company, but was refunded the principal around June 18, 2014.
On June 20, 2014, the Plaintiff, who was solicited to make a re-investment, concluded a monetary loan agreement with the Defendant Company and remitted KRW 270 million to the Defendant Company, and became aware of the violation of the Interest Limitation Act in the course of examining the written contract, and requested the Defendant Company to terminate the contract on June 23, 2014, and received a refund of KRW 27 million on June 26, 2014, and KRW 243 million on June 26, 2014.
2) After that, on June 27, 2014, the Plaintiff concluded an underwriting agreement with the Defendant Company for privately placed bonds, and transferred the acquisition price of KRW 249 million to the Defendant Company. The main contents of the said underwriting agreement related to the instant company bonds are as follows (hereinafter “instant underwriting agreement”) and KRW 249 million for the acquisition price of the said company bonds is “the acquisition price of the instant company bonds” as “the acquisition price of the instant company bonds.”
2) Defendant Company A: Defendant Company B: (a) Plaintiff 1 (Purpose of acquiring Company Bonds) intends to raise funds necessary for its business through the issuance of Company Bonds; and (b) B intends to acquire Company Bonds. Article 2 (Acquisition of Company Bonds)