logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.07.16 2018가단145209
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings to each entry in the evidence Nos. 1 to 3.

The defendant mainly engaged in logistics center and logistics agency transport business, etc., was to color investors for the issue of common shares shares issued by a third party, and the plaintiff, who mainly engages in investment, management consulting and consulting business, and investment in private equity funds, decided to invest in the above capital increase of the defendant.

B. On August 24, 2018, the Plaintiff and the Defendant drafted a MOU with the following content (hereinafter “instant MOU”).

The plaintiff (A) wishes to participate in the capital increase increase project for the common shares allotted by the defendant (A) to a third party (hereinafter referred to as "this project"), and shall make an investment proposal as follows:

The Parties have completed all internal procedures necessary for the preparation and submission of a memorandum of Understanding and are aware of the following conditions:

2. Summary of this project;

(a) Investment method: Any corporation and any collective investment scheme in which A participates as equity investors or operating personnel for equity shares issued by a third party;

(b) Time limit for legal and accounting inspection: September 7, 2018;

c. Payment period of stock price: September 20, 2018;

3. Terms and conditions for issuing new shares to a third party;

(a) Amount of capital increase: Geum-gu million won (90,000,000 won);

(b) The number of stocks to be issued: 30,000 shares.

C. Par value per share: 3,000 won;

d. Method of payment: Payment in full;

5. Right of exclusive negotiations.

A. A is entitled to exclusive negotiations as a financial investor in connection with the issuance of new shares (including the issuance of Stockholm options, convertible bonds, bonds with warrant, and other stock linked securities), the sale of major shareholders’ old shares, the acquisition of the company’s business or assets, and other similar transactions during a period of (1) months from the date of the conclusion of this Understanding (hereinafter “exclusive negotiations period”); and

B. This Understanding shall take effect after the end of the exclusive negotiation period.

arrow