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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 2,000,040,000 won and the same from March 7, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 29, 2016, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) on August 4, 2016 and the Plaintiff on August 4, 2016 to underwrite the subscription price of KRW 142,860 (hereinafter “instant underwriting contract”) with KRW 10,00,200,00 for the preferential redemption shares issued by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the Plaintiff on August 4, 2016, the Plaintiff agreed to jointly and severally perform all obligations to be borne by the Defendant Co., Ltd under the instant underwriting contract.
§ 14 (Use and Limit of Investment Funds) ① A Company (referring to the Defendant Company; hereinafter the same shall apply) shall use the funds received from investors (referring to the Plaintiff; hereinafter the same shall apply) under this Agreement for the purpose of overseas JV investment and facility funds, and the investor may conduct an inspection of the use of the funds through an accounting firm designated by the investor for the purpose of use.
Provided, That in principle, the actual inspection of investment funds shall be conducted within one year from the date of payment of investment funds.
(2) Where a company intends to use any investment fund by changing the purpose thereof, it shall obtain prior written consent from investors.
Article 18 (Reporting and Submission of Data) (1) If an investor does not make a separate request, the company shall, without delay, notify the investor in writing of the occurrence of any of the following matters:
Provided, That in the case of items that overlap with the obligation to notify under other terms of this contract, the notice or report shall be made not later than the first arrival date in any case.
3. When a petition is filed for bankruptcy, rehabilitation procedures or the commencement of procedures corresponding thereto or it is deemed that an enterprise showing signs of insolvency has signs of insolvency. (1) Where any of the following causes is discovered or occurred, an investor shall at his option make an investor to the company and/or any interested person: