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(영문) 서울중앙지방법원 2017.09.14 2016가단5199358

보수금 청구의 독촉

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1. Defendant B Co., Ltd.: KRW 50,00,000 and interest rate of KRW 15% per annum from July 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a franchise-type food business company, such as Kink's specialty store, with the trade name “A,” and Defendant B (hereinafter “Defendant B”) is a major shareholder of Defendant A, and Defendant B is a company performing a holding company's role as a major shareholder of Defendant B, and Defendant B's representative director C and his work own all the shares of Defendant B.

B. While the Defendants made efforts to attract investment from institutional investors in order to avoid the aggravated financial situation, the Defendants concluded an investment intent with the Cuba Partners Incorporated Co., Ltd. (hereinafter “instant intent”) in the middle of 2015, the part relating to the instant case is as follows.

With respect to the attraction of funds planned by QCP(A, A, and A's major shareholders, QCP(hereinafter referred to as the "PCP") through a private equity investment specialized company, etc. operated by QCP(hereinafter referred to as the "investment") to make an investment under the following terms and conditions (hereinafter referred to as the "PCP and A" collectively referred to as the "party, collectively referred to as the "party"), and this letter of intent to make an investment (hereinafter referred to as the "pCP"), in order to set the smooth implementation of this case's investment and the rights and obligations between the parties.

(Ⅰ) A and/or a major shareholder of A and/or A (hereinafter referred to as the “investment-related company”);

Ⅱ Decision on whether to increase or decrease the investment amount based on the investment amount of 50 billion won and distribution of the amount between companies subject to investment shall be made later;

Ⅲ The acquisition of convertible preferential bonds, convertible bonds, bonds with warrant and/or exchangeable bonds, etc. issued by a company subject to investment type investment, and the holding of a subscription transaction in AB, if necessary; and

1. QCP intends to conduct a prior review of all the materials provided by the company subject to investment, and if necessary, it may request additional materials from the company subject to investment, and the company subject to investment shall actively cooperate therewith.

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