(영문) 서울중앙지방법원 2020.02.06 2018가합531798

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(영문) 서울중앙지방법원 2020.02.06 2018가합531798

주식양수도대금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a private equity fund established under the Financial Investment Services and Capital Markets Act, 2011. 2) The Defendant is a representative director of C (hereinafter “D”), a primary subcontractor, who manufactures a cell phone circuit board (FPCB and Flexi Pirxi) and supplies C’s primary subcontractor, a primary subcontractor, with a overall control over the foregoing company’s work.

B. 1) The Plaintiff and E (E; hereinafter collectively referred to as “the Plaintiff, etc.”) are the parties to the instant contract.

The Defendant, F, and Industrial Bank of Korea (hereinafter “Defendant et al.”) on May 31, 2013 is the transferor, including the Defendant, etc.

(2) The Plaintiff, as the transferor, entered into a share acquisition agreement with the effect that the shares issued in D were acquired as follows. The part related to the issues of the instant contract in relation to the instant case is as follows: (a) Defendant 43,739 16,245,245,276 Industrial Bank of Korea 9,103,381,118,187 E, and 18,2616,782,64,969 F 2,356,876,86,724 of the Industrial Bank of Korea 3,801,41,430,200 total sum of 82,9030,792,792,792,792,792,578,7724,301,430,200

Article 8 (Statement and Guarantee Clause of this case, hereinafter referred to as "the Statement and Guarantee Clause of this case") Except as stated in the material furnished before the date of this contract to the assignee, the transferor, as of the date of this contract and the date of termination, statements and guarantees that, as of the date of this contract and the date of termination, the transferor are true and correct:

(Statements and guarantees mentioned as of any specified date shall be stated and guaranteed that they are true and correct as of that specified date, provided that only the transferor’s representative (Defendant) shall make and ensure that the statements and guarantees for the subject company in Article 8.2 are made and guaranteed to the transferee.

8.2 Compliance with the rules of law, etc. concerning the subject company. The subject company is important since its incorporation.

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유사 판례

-서울중앙지방법원 2020.02.06 2018가합531798

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