(영문) 서울고등법원 2015.07.10 2014나39437

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(영문) 서울고등법원 2015.07.10 2014나39437

손해배상 등

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1. The defendant corporation, upon the plaintiff's claim against the defendant corporation B, which was changed in exchange at the trial.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Defendant B (J around March 29, 2012, changed from March 2012 to B

(2) The Plaintiff was operating the company as the representative director of Defendant B since December 19, 2003, and the Plaintiff lent KRW 656,48,950 to Defendant B under the name of “the representative director” in the process of the Plaintiff’s operation. The Plaintiff lent KRW 656,48,950 to Defendant B under the name of “the representative director”.

(hereinafter “instant loan”). (b)

Defendant D, such as an investment contract between Defendant D and Defendant B, shall invest KRW 2 billion in Defendant B, and the Plaintiff and Defendant B shall take necessary measures to ensure that the share of Defendant D against Defendant B is at least 51 per cent.

Defendant D shall take over the shares and BW of Defendant B, which are held by AB and AD, of one billion won out of its investment funds.

In relation to the above investment, Defendant D shall, in principle, guarantee the status of the representative director of Defendant B for three years.

Provided, That this shall not apply where a failure in the management of the company or a failure to result in the company is caused.

The amount of 300 million won out of the amount of 6.5 billion won against Defendant B shall be repaid with the amount invested by Defendant D as the source of funds.

1) On August 24, 2011, Defendant D, Defendant B, and the Plaintiff entered into a three-party contract with Defendant D as its main d's investment of KRW 2 billion in Defendant B, and drafted a basic investment agreement. The main contents are as follows. 2) Accordingly, Defendant D and Defendant B entered into an investment contract with the content that Defendant D invested in Defendant B by the method of participating in capital increase with subscription for new shares allocated to a third party on September 23, 201, and the Plaintiff jointly and severally guaranteed the obligation that Defendant B owes to Defendant B in accordance with the said contract.

3. The Plaintiff and Defendant B drafted a basic agreement on October 21, 201, and Defendant B’s capital increase with capital increase.

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