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(영문) 부산지방법원 2018.09.13 2018가단304751
손해배상(기)
Text

1. Defendant B: (a) 22,00,000 won for the Plaintiff (Appointed Party); (b) 5,000,000 won for the appointed Party E; and (c) 20,000,000 won for the appointed Party F;

Reasons

1. Summary of request;

A. Defendant B is the representative director of the J company, Defendant D managed funds as K representative director of the J company, and Defendant C took overall charge of L’s financial affairs.

B. On July 4, 2013, Defendant B made a false statement to the Plaintiff, etc. at the Busan Busan Branch Office of the J&A located in Busan Busan District Office, stating that “On the other hand, our company acquires a KOSDAQ-listed company through M&A and normalizes its management, thereby raising its value and raising its profits by raising its stock value. However, the investment of acquired funds will be made by adding the principal and interest after three months. When investing funds, the interest of 3% per month shall be paid for every three months, and the principal shall be returned three months after three months.”

However, at the time of fact, Defendant B planned M&A did not have any special preparation and did not have the ability to increase sales or profit within a short period by using the investment money, even if the Plaintiff et al. received an investment from the Plaintiff et al., and most of the investment money that Defendant B received was used as the cost of paying the principal and interest to investors in the same manner, and the allowances equal to 5-20% to the employees attracting the investment money, etc. In fact, there is no room for use in actual M&A, and eventually, it is extremely weak financial basis for repayment of the principal and interest of the investment, as long as the new investors are not induced.

In addition, Defendant B did not have a serious review of the financial structure, profit structure, or financing plan of the acquiring company even though Defendant B claimed for profit-making through M&A, and even if the acquisition is conducted, it failed to verify the financial resources that could be expected to rapidly profit or increase the stock price by normal means, so even if success in M&A in M&A, it is the high rate of profit agreed upon to investors including the Plaintiff, etc., as well.

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