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(영문) 서울고등법원 2015.04.16 2014나2011626
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. The status of the parties and the Defendant’s investment proposal 1) The Defendant is established for the purpose of asset management business, and J private equity fund (PEF; hereinafter “instant private equity fund”).

(2) Around January 2006, the Plaintiff is a general partner and the managing partner and the representative partner, and the Plaintiff is a limited partner who acquired the shares of the instant private equity fund. (3) Around January 2006, the Defendant agreed to acquire the E Savings Bank (hereinafter “F Savings Bank”) by organizing a consortium with the CSaving Bank (hereinafter “D Savings Bank”) and acquiring the E Savings Bank (hereinafter “D Savings Bank”). A D Savings Bank is a strategic investor, and the Defendant established a private equity fund and participated as a financial investor.

For this purpose, the defendant established the private equity fund of this case, which is a limited partnership company under the commercial law that the defendant becomes an executive partner, and decided to invite investors, and prepared investment proposals (No. 3, hereinafter referred to as the "investment proposals of this case") with the following contents, and made investment proposals against institutional investors, general corporations and private investors:

Ⅱ Acceptance and Exit structure / [3] Exit structure

(a) within 2-3 years, the PEF shall normalize the management of “F Savings Bank” and sell it to the applicant for acquisition;

(b) Sale by a third party: Sale of a part of the shares held by the PEF to a third party at an amount exceeding 12.0% per annum;

(c) Listing: An estimate of investment profit rates of 12.0% per annum through the distribution and disposal of stocks of the company subject to acquisition of investment profit rates and expected investment profit rates of 12.0% per annum at an early stage after the normalization of management (in the case of Exit through M&A or listing, it is possible to do so);

IV. 1.1.1,94.2 billion won in the introduction of consortium companies: three (Class 1) out of the 114 nationwide loans per person nationwide at a single store nationwide, third (Class 1).

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