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(영문) 서울중앙지방법원 2017.09.14 2016가합550757
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

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 collecting and selling scrap metal, and its representative director is C, 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.

An investor in a stock acquisition contract (hereinafter referred to as the "investment company"): An investor in the Plaintiff-invested company: A interested party in the D (hereinafter referred to as the "D"): The purpose of this contract is to determine the rights and obligations arising between the “company”, the “investment company” and the “interested party” in the capital increase implemented as a part of financing required for the business of the “investment company” as part of 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 jointly and severally compensate for all damages incurred by the "company" and the costs incurred by the "company" in the event that the facts of paragraph (1) are false or inaccurate.

Article 32 (Request for Purchase of Stocks) (1) "Company" shall be construed as "company."

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