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(영문) 서울중앙지방법원 2018.01.25 2017가합536611

중재판정취소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A’s status as a party is a company established under the laws of California of the United States of America, which is a company specializing in manufacturing golf showes. Plaintiff B, C, and D are shareholders holding 100% of the shares issued by the Plaintiff company. The Defendant is a new technology venture business investment association established under the Specialized Credit Financial Business Act.

B. On October 14, 2014, the Defendant entered into a contract between the original Defendant and the Defendant on the fifth separate type of bonds with warrants (hereinafter “instant bonds acquisition contract”) between the Plaintiff Company and the Defendant.

A) Upon entering into an agreement with the Plaintiff, the bonds listed in the separate sheet No. 1 were acquired in KRW 13 billion. In the bonds with warrants accepted by the Defendant, the obligation to repay the bonds shall accrue if the grounds for loss of interest arising from the bonds with warrants (Article 8), and the rest of the Plaintiffs are jointly and severally guaranteed the obligation to repay the bonds of the Plaintiff Company (Article 11). (2) On the same day, the Defendant entered into a first-class conversion contract with the Plaintiff Company for redemption conversion (hereinafter “instant stock subscription contract”) and took over KRW 7,98,925,00 as stated in the separate sheet No. 2. In the event that the Plaintiffs violated the instant stock subscription contract, etc., the Defendant made it possible for the Plaintiffs to fully or partially repay

(3) On the same day, the defendant made a contract between the plaintiffs and shareholders to clarify the rights and duties of shareholders under the above bond subscription contract and the stock subscription contract and to determine matters necessary for managing the company (hereinafter "the contract between shareholders of this case"), and the "each of the contracts of this case" in total.

) The Plaintiff Company concluded the instant bond subscription agreement or the stock subscription agreement, and provided that the Plaintiff Company may require the rest of the Plaintiffs, which are major shareholders of the Plaintiff Company, to purchase all or part of the shares acquired (Article 7. 4).