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(영문) 서울중앙지방법원 2019.07.25 2014가합525863
약정금
Text

1. The Defendants are jointly and severally liable to Plaintiff A Co., Ltd. for KRW 1,402,315,930, and KRW 135,450,970 for Plaintiff B Co., Ltd.

Reasons

Basic Facts

The plaintiffs are some of the buyers who purchased shares of the O Co., Ltd. (hereinafter referred to as “O”) divided from N (hereinafter referred to as “N”) after organizing M consortium (Plaintiff A and 22 others, hereinafter referred to as “Buyer”) centered on Plaintiff A.

The Defendants, as shareholders of the OO, sell O’s shares to the purchaser, centering on the Defendant Korea Asset Management Corporation (hereinafter “Defendant Corporation”) which was the largest shareholder.

In the process of concluding a stock sales contract, N, a company prior to the division, was unable to repay debts to creditor financial institutions as originally agreed due to insolvency of financial structure, and P organization commenced the business improvement work for N on August 26, 199 for the normalization of N.

The defendant corporation established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation has become the largest shareholder of N through the acquisition of public funds under the Special Act on the Management of Public Funds by investing them in creditor financial institutions, etc.

N was divided into O on December 27, 200 in the course of corporate improvement work against N and Q.

The corporate improvement work against O was terminated on December 30, 2003 by the resolution of the P organization.

The defendant Corporation decided to sell 244,665,611 shares of theO with other sellers in order to promote the normalization of the O's company. On December 30, 2003, the joint sale of shares by conversion of investment was conducted by organizing a joint sale council of shares by conversion of investment, and accordingly, the procedures such as verification were conducted.

On June 29, 2006, the buyer participated in the final bid toO on the basis of the data provided in the due diligence, and the buyer was selected as the priority partner. On June 29, 2006, the plaintiff A, the representative of the seller, and the defendant Corporation and the buyer, entered into an understanding of

Since then, M&C was provided by the Defendants and theO.

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