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(영문) 서울고등법원 2012.12.14 2010나58607
상환금
Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

. As a result, the immediately preceding conclusion of SamsungSID’s closing price was 108,000 won, which fell below 109,000 won.

The Plaintiffs failed to fulfill the terms and conditions of redemption (when the closing price of the PSI commonism is higher than, or equal to, KRW 108,500, which is the base price) due to the Defendant’s abnormal sale of the instant shares, and this constitutes “when the party who was at a disadvantage due to the fulfillment of the terms and conditions, interferes with the fulfillment of the terms and conditions against the good faith and trust” under Article 150(1) of the Civil Act, and the Plaintiffs asserted the fulfillment of the terms and conditions of redemption by the delivery of the copy of the instant complaint, and thus, the Defendant is obliged

Therefore, the defendant is obligated to pay to the plaintiffs each amount stated in the purport of the claim, which is calculated by deducting the amount already received by the plaintiffs from the profit of 106% of the principal of the investment to be paid by the plaintiffs and damages for delay.

* Plaintiff A: 38,160,00 won [38,160,00 won 】 6% 】 (24,05,299 won x 15,447,101 won x 159,000 won redemption x 159,000 won under an agreement x 6% x 6% x 6% x (222/366 days) - The Plaintiff’s preparatory act before 205 of the former Securities and Exchange Act (amended by Act No. 1229,980,00 won x 67,000 won x 159,000 won redemption x 67,766 days) - The Plaintiff’s preparatory act of 100,230,414 won x 34,980,00 won redemption x 60% redemption x 67,292,276 days x 126,7671) of the former Securities and Exchange Act.

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