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(영문) 서울중앙지방법원 2016.01.14 2015가합14490

주식매매대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a new technology investment association established to invest in new technology enterprises pursuant to Article 41(3) of the Specialized Credit Financial Business Act. 2) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the purpose of turf and turbing manufacture and sales business, etc.

B. On May 7, 2010, the Plaintiff and the Defendant Company concluded a new shares subscription contract with the effect that the Plaintiff would acquire KRW 7,143 shares per share for redemption conversion conversion to the Defendant Company at KRW 1,00,020,000 (hereinafter “instant new shares subscription contract”).

(2) Defendant C, D, and E are major shareholders holding more than 15% of the total voting shares of the Defendant Company, or persons recognized by the Plaintiff as de facto controller of the Defendant Company. The interested parties in the instant new shares acquisition contract, as an interested party, jointly and severally guaranteed obligations owed by the Defendant Company to the Plaintiff pursuant to the instant new shares acquisition contract.

C. (1) On May 7, 2010, the Plaintiff acquired 7,143 shares per share for redemption conversion conversion (5,000,000 won per share, and 140,000 won per share) pursuant to the instant new shares acquisition contract issued by the Defendant Company. (2) The instant new shares acquisition contract (Evidence 2) of this case is accompanied by the annexed sheet.

2. The same content as the list of “new stocks” is indicated.

3) The Plaintiff is F Co., Ltd., a general partner (hereinafter “F”).

(D) On June 17, 2010, G was dispatched to the Defendant Company as an employee, and the Defendant Company appointed G as an outside director of the Defendant Company, upon the Plaintiff’s request on June 17, 2010. G consulted with the Defendant Company as a manager of the Plaintiff Company with respect to the major contract, major sales, capital changes, loans, license contracts, etc., of the Defendant Company until he/she retires from F. D. The Plaintiff’s appraisal right is exercised on July 17, 2014.