(영문) 서울중앙지방법원 2020.11.20 2019가합570981

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.11.20 2019가합570981

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 1,192,145,867 as well as 20% per annum from July 5, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a private equity investment company established under the Financial Investment Services and Capital Markets Act in 2011. C (hereinafter “Nonindicted Company”) is a company established for the purpose of manufacturing and selling automobile engine parts, and the principal and gold-type manufacturing business. The Defendant is the representative director and the major shareholder of the non-party company.

B. On September 5, 2014, the Plaintiff entered into an investment contract with the non-party company and the Defendant with the content that the non-party company takes over the share of KRW 2,500,000 (hereinafter “instant share”) for total of KRW 2,500,000 per share (hereinafter “instant investment contract”), and the content of the instant investment contract relating to the instant case is as follows.

Article 1 (Purpose of the instant investment contract) The purpose of the instant investment contract is to confirm the legal relations arising between investors, major shareholders (Defendant) and invested-invested enterprises with a total of KRW 2,500,000 (the instant shares) total of KRW 2,500,000 per share (25,000 per share) for outstanding preferential stocks for redemption conversion (the face value of KRW 5,000) with voting rights to be issued by the “investment-oriented company” (the Plaintiff).

Article 6 (Conditions for Investment in this case) (1) Details of the shares to be issued by an investable enterprise are as shown in attached Form 1.

§ 11 (Duty to Disclose) (1) An investable enterprise shall be made able to make it open to the public within 2018.

(1) If any of the following events is discovered or occurs, an investable enterprise is obligated to make an early redemption of the shares of this case and shall lose the benefit of time from this case’s bonds with warrants.

Provided, That the following important assets shall be at least 5% of the total assets on the audit report of the previous year:

참조조문

-자본시장과 금융투자업에 관한 법률

유사 판례

-서울중앙지방법원 2017.11.16 2017가합527259

-서울중앙지방법원 2017.10.17 2016가단5085633

-서울중앙지방법원 2019.04.18 2018가합527171

-서울고등법원 2020.12.09 2020나2024760

-서울중앙지방법원 2016.10.27 2016가합543865