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(영문) 서울중앙지방법원 2016.09.09 2014가합34336
사해행위취소 등
Text

1. Defendant B Co., Ltd., C, and D Co., Ltd. shall be jointly and severally liable to the Plaintiff for KRW 1,000,000,000.

Reasons

(b) can proceed;

4. When the violation is discovered after the actual inspection of the use of the investment funds, the Plaintiff may issue a corrective order to Defendant B through the written notification, and the Defendant B must resolve the corrective order within 90 days from the date of receipt of the corrective order.

In the case of failure to resolve the corrective order within the deadline, the plaintiff may request the early repayment of the part where the violation occurred, and the defendant B shall comply with the request.

The early rate of return on repayment shall be 7.0% per annum for welfare.

(Attachment 1) Defendant B shall use the funds received from the Plaintiff pursuant to this Agreement for the following purposes, and the Plaintiff may conduct an inspection on the use of the funds through an accounting firm designated by the Plaintiff at any time after this Agreement, through the accounting firm designated by the Plaintiff.

3.550 million tons (2.500 billion won), 650 tons (1.40.72 billion won) from 1.42 billion from 650 tons from 1.40 billion from 1.42 billion from 1.40 billion from 1.40 billion from 1.40 billion from 1.40 billion from 0.72 from 1.4 billion from 1.4 billion from 1.4 billion from 0.4 billion from 1.4 billion from 1.3 billion from 30 million from 30 million from 100 million from 10 billion from 100 million from 100 million from 100 million from 100 million from 100 million from 100 million from 1.8 billion from 100 billion from 2000 to 2000,000 from 2000 to 200,000 from 200.

The main contents of the contract are as follows:

On the other hand, Defendant C and Defendant D guaranteed the obligations of Defendant B under the underwriting agreement of the instant convertible bonds on the same day.

around September 21, 2012 and September 22, 2012, Defendant C used a total of KRW 35 million for purposes other than those stipulated in the above contract, among the investment funds in underwriting contracts of the instant convertible bonds. The Plaintiff became aware of the fact on October 19, 2012.

Accordingly, on September 23, 2013, the Plaintiff has a benefit of time on the ground that Defendant B violated Article 2(15) and Article 8 of the Agreement on the Subscription of the instant convertible bonds.

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