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(영문) 서울중앙지방법원 2015.08.25 2014가합586233

주식매매대금 등

Text

1. The Plaintiff:

A. Defendant B is KRW 500,000,000, and 20% per annum from August 27, 2009 to May 26, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a venture capitalist established for the purpose of investing in and financing to venture businessmen under the Specialized Credit Financial Business Act. Defendant A (hereinafter “Defendant A”) is a company with the purpose of manufacturing, selling and providing medical devices, and Defendant B is the representative director of the Defendant Company.

B. On August 25, 2009, the Plaintiff, as an executive member of the Gangwon-do District Investment Association (hereinafter “instant investment association”), entered into a preferential underwriting agreement with the Defendants on the following main contents (hereinafter “instant underwriting agreement”).

Article 3(Interested Parties)(1) The term “interested Parties” in this Agreement means any of the following legal entities or natural persons who, at the time of capital increase, hold at least 10% of the total number of outstanding shares of an invested enterprise, or who are recognized by the “investors” as having substantial control over an invested enterprise, with the exception of nonvoting shares of an invested enterprise

Name: Name B and address: C apartment 13 Dong 1202, 1202 (Terms and Conditions of Issuance and Acceptance of Stocks) ① Investment Company shall issue and assign to each share 500,000 shares with a face value of 500 won in the registered redemption of 500 won in the face value (hereinafter referred to as "shared shares for conversion and redemption of this case") within five days after this Agreement.

(2) The investors shall acquire preferential stocks to be redeemed for the conversion of this case allocated by an investing enterprise under Article 9, and the acquisition amount concerned shall be five million won,00,000 won.

Article 22 (Matters Subject to Consultation and Consent) Investment enterprises shall give written notice to investors of any of the following matters, which are anticipated to have a significant impact on business performance, and consult with investors in advance, and shall also give written notice of the results thereof to investors immediately:

(Provided, That in the case of subparagraphs 1 through 11, prior written consent of the investor must be obtained). 11. Investment enterprises.