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(영문) 서울고등법원 2013.11.22 2012나85382
예금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

가. 원고와 C 사이의 투자약정 원고는 2010. 7. 11. C과, 원고가 독일계 헤지펀드인 피터벡앤파트너(이하 ‘피터벡’이라 한다)가 보유한 원고에 대한 신주인수권을 피터벡으로부터 인수하되, 그 인수자금을 C이 원고에 투자하여, 원고가 C이 지정한 투자자들에게 신주인수권을 배정하면 C에 그에 따른 신주발행대금을 납부하기로 하는 계약을 체결하였다

(hereinafter “instant First Agreement”). (b)

C The loan agreement between C and G concluded a contract to borrow KRW 9,00,000,000 from G on July 13, 2010, in order to raise an investment fund under the instant arrangement, from the bond business operator G operating a stock company I (hereinafter “instant agreement”).

C. The Plaintiff’s issuance of new shares and the payment of share capital (hereinafter “the instant issuance procedure”) are as follows: Defendant J Branch Director B (hereinafter “Supplementary Intervenor”).

Around July 16, 2010, G was urged from G to wait for the Plaintiff’s issuance of new shares, and it was proposed that G would deposit the said funds at Defendant J Branch. The Intervenor deposited the Plaintiff’s issuance of new shares at Defendant J Branch, but Defendant J Branch K made a business trip at Defendant J Branch’s principal office to assist the relevant persons’ convenience. On July 19, 2010, the Defendant J Branch’s business consultation office participated in the Plaintiff’s issuance of new shares to handle the Plaintiff’s affairs, such as payment of the Plaintiff’s price for the issuance of new shares. At the Defendant J Branch’s principal office, K, the Plaintiff’s employees L, C, G, and G, and the staffO of the certified judicial scrivener’s office, who was removed from the introduction of the Plaintiff’s issuance of new shares, received KRW 7,780,532,152 from G to the Plaintiff’s issuance of new shares (G). The Plaintiff’s deposit account was opened, such as the Plaintiff’s deposit account deposit certificate (the Plaintiff’s deposit account).

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