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(영문) 서울중앙지방법원 2018.10.23 2017가단66887
투자금회수청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 14, 2007, the Plaintiff entered into an investment agreement with the Defendant (former: Korea Engineering Co., Ltd.) (hereinafter “instant investment agreement”) with the following content, and paid KRW 100,000,000 to the Defendant on February 23, 2007.

Investment Agreements

1. Investment amount: One hundred million won (one million won,000,000 won);

2. Investment ratio: 12 percent of equity ratio in the defendant company;

3. The deposit date of investment: The plaintiff may demand an amount equivalent to the annual average banking interest rate of the investment shares and the annual average bank interest rate if the defendant's management status is not improved by February 22, 2007 (the annual average banking interest rate) until 2008, and the defendant agrees thereto. 4-2) The defendant shall ensure a competitive price comparable to the plaintiff's other competitors for the amount received by the plaintiff.

4-3) If the Plaintiff wishes to become an exclusive supplier of the Defendant’s products in a specific area, the Defendant permits the Plaintiff to do so if there is no existing exclusive supplier. 5. The Plaintiff is entitled to exercise the authority as a shareholder under the Commercial Act. B. Upon paying the investment amount under the instant investment agreement, the Defendant paid the Plaintiff the investment amount to the Plaintiff, thereby exceeding 12% of the Defendant’s total issued shares (16,667 shares) (hereinafter “instant shares”).

(C) On July 29, 2009, the register of shareholders issued a decision to commence rehabilitation proceedings against the Defendant (Seoul Rehabilitation Court 2009dahap107). Under the rehabilitation plan against the Defendant approved on February 17, 2010, the total number of shares issued by the Defendant was reduced to 20,000 shares that the Plaintiff held by 55% in accordance with the rehabilitation plan against the Defendant approved on February 17, 201. However, according to the rehabilitation plan approved on June 29, 201, the total number of shares issued by the Defendant was reduced to 9,000 shares. (b) according to the rehabilitation plan approved on June 29, 201, the Plaintiff issued new shares by offering new shares with capital increase with a third party without compensation.

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