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(영문) 서울중앙지방법원 2012.09.06 2010가합128639 (1)
예금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 원고와 C의 투자약정 체결 1) 원고는 2007. 4.경 해외 공모 분리형 신주인수권부 사채를 발행하였다. 독일계 헤지펀드인 피터벡앤파트너(Perer Beck & Partner, 이하 ‘피터벡’이라 한다

(2) On July 11, 2010, the Plaintiff acquired the above preemptive right bonds (hereinafter “instant arrangement”) and subsequently, entered into an investment agreement with the Plaintiff (the representative director D at the time) and the Eck to purchase the above preemptive right and exercise it at KRW 788 per share (hereinafter “instant arrangement”). The main contents of the agreement are as follows.

Article 1. The Plaintiff’s preemptive right to purchase from the Eckck is 10,000,000 shares (hereinafter “investment shares”)

c. .

Article 2 The plaintiff shall purchase preemptive rights and distribute them to investors designated by C, and C shall pay shares at the same time as the allotment of preemptive rights.

Article 3 The purchase price agreed by the Plaintiff with the ck for preemptive rights and the share payment amount of KRW 9,000,000 are the total amount of KRW 788 per share, the total amount of KRW 7,780,00,000 per share.

Article 5 The plaintiff shall guarantee the principal for the amount invested by C.

However, in the following cases, the contract on the guarantee of principal shall be automatically reversed even without the bilateral agreement:

C The investor of C has stored all of the securities account transactions, including the account number, user ID, password, authorized certificate and password, and has not been entrusted to an USB by the plaintiff and the stock manager designated by the agreement of the plaintiff, C, or if C does not deposit the 10 million shares invested by C with the law firm designated by the agreement of the plaintiff and C, when the plaintiff disposes of the investment shares at his own discretion without the plaintiff's consent, and when C proceeds with the block set of shares owned by the other investor or institution.

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