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(영문) 서울중앙지방법원 2018.12.20 2017가합21454
주식매도대금 등
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 1,99,980,000 and its related thereto, from October 1, 2013 to 200.

Reasons

Facts of recognition

The following facts are either disputed between the parties, or may be recognized in full view of the whole purport of the pleadings in the statements in Gap evidence Nos. 1, 2, 3, 6, 47, and 48 (including each number):

The EE Investment Association Act and the Defendants enter into a share underwriting contract 1) The E Investment Association Act (hereinafter referred to as the “instant investment association”).

(1) The Plaintiff (Appointed) or the Intervenor succeeding to the Plaintiff (hereinafter referred to as the “Plaintiff”) in total before and after the change of the trade name to “F Co., Ltd.” (the executive partner, and the former trade name).

[2] Investment of KRW 2 billion in capital, ② Investment of KRW 2.25 billion in capital by G Co., Ltd., which is a limited partner, KRW 2.250 million in capital, KRW 2.250 million in capital by H Co., Ltd., KRW 500 million in capital, and KRW 500 million in capital by J (former modification) Co., Ltd., and KRW 500 million in capital respectively. ③ Special partner L Co., Ltd (public fund, a fund of funds established under the Act on Special Measures for the Promotion of Venture Businesses, which is a fund of funds established under the Act

) The sum of its investments in KRW 7.5 billion is an investment association consisting of 15 billion investments (i.e., the foregoing corporation G, H, I, J, and L: Provided, That the list of the designated parties in [Attachment] includes “M corporation,” which is an executive partner of “L”. B (hereinafter “designated parties”).

(2) On September 30, 2013, the instant investment association entered into a share acquisition agreement with Defendant B Co., Ltd. (investment companies; hereinafter “Defendant Company”) and Defendant D (interested parties, representative director of the Defendant Company; hereinafter “instant investment association”) with the content that the instant investment association takes over 11,111 shares of the registered redemption conversion priority shares issued by the Defendant Company (hereinafter “instant shares”).

(hereinafter “this case’s share acquisition contract”). At this time, Defendant D agreed with the Plaintiff to equally assume all the obligations to be borne by the Defendant Company to the Plaintiff under the instant share acquisition contract.

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