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(영문) 서울중앙지방법원 2020.02.06 2018가합507733
추심금
Text

1. The request for intervention of an independent party intervenor shall be dismissed in all;

2. The plaintiff's defendant.

Reasons

Basic Facts

On January 4, 2008, Defendant G Co., Ltd. (hereinafter “Defendant G”) was a company that operated a medical device business division, investment business division, etc. as a major business, and was de-listing on March 24, 2009.

The F was dissolved in accordance with Article 520-2(1) of the Commercial Act on December 10, 2014, and the F was ordered to be liquidated in accordance with Article 520-2(4) of the Commercial Act on December 1, 2017.

On February 23, 2011, the Plaintiff filed a lawsuit against F and G claiming the payment of convertible bonds (Seoul Southern District Court 201Gahap3368) against F and G, and the said court dismissed the Plaintiff’s claim.

Accordingly, the Plaintiff appealed as Seoul High Court 2012Na21128, and on March 14, 2013, the said appellate court rendered a judgment that “F and G jointly and severally rendered to the Plaintiff the said amount KRW 10 billion from November 23, 2010 to the Plaintiff; “F shall pay the Plaintiff the amount calculated at the rate of 6% per annum from January 29, 201 to March 14, 2013; and “F shall pay the amount calculated at the rate of 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive on April 9, 2013.

(hereinafter “the instant convertible bonds payment judgment”). F on July 18, 2007 between F and Defendant for the conclusion and implementation of the instant stock acquisition agreement, F on July 18, 2007, refers to “H below the Defendant-owned corporation.”

The 645,850 shares and management rights of the F shall be acquired in the amount of 34 billion won, 16 billion won out of which shall be paid in cash, and the remainder shall be paid in the amount of 1870,000 won out of the F’s issued shares and paid by issuing new shares in the third party allotment method.

AB concluded the agreement.

F under the instant share acquisition agreement, on July 18, 2007, remitted 16 billion won to the Defendant on the same day, and was issued by the Defendant 173,862 shares of H on the same day.

Since then, even though the defendant accepted F's new shares 1.9 million shares by a third party allocation method, F shall have the remaining H shares 471.

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