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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a company established with the purpose of engaging in a comprehensive financial design consulting service, financial product brokerage, sales business, etc.
A stock company B (hereinafter referred to as “B”) is a company established for the purpose of manufacturing, assembling, selling semiconductor chips, and D (hereinafter referred to as “D”) is a company established for the purpose of operating a reinforced concrete construction business.
C is the representative director of B and D, and the defendant is the inside director of B.
B. On July 24, 2015, the Plaintiff entered into a share acquisition contract with B (hereinafter “instant contract”), and paid the investment amount of KRW 4 billion from August 12, 2015 to November 27, 2015, and paid the incidental expenses of KRW 23,347,87.
Investor in Stock Subscription Agreement (hereinafter referred to as the “Investment Company”): D Interested Persons: D: The purpose of this Agreement is to determine the rights and obligations arising between the “company”, “investment company” and “interested Persons” in the capital increase implemented as part of financing required for the business of “investment company”, as part of the capital increase implemented by the “investment company”.
Section 2 (Interested Parties) (1) The term "interested Parties" in this Agreement means any of the following corporations or natural persons who, at the time of capital increase, hold at least 10 per cent of the total amount of outstanding shares of an “invested enterprise” or who is recognized by the “company” as having substantial control over an “invested enterprise”, with the exception of nonvoting shares of an “invested
Article 9 (Statement and Guarantee) (1) The term "investment enterprise" and "interested persons" shall ensure that "company" state the following matters to be true and correct as of the date of conclusion of this Agreement and the date of payment of stock price:
(2) The terms "investment company" and "interested persons" shall be all the damages incurred by "company" in the event that the facts of paragraph (1) are false or inaccurate.