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1. The plaintiff's appeal is dismissed.
2. The plaintiff's selective claims added in the trial shall be dismissed.
3...
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, with the exception of adding "a judgment on the plaintiff's selective claims added in the trial of the court of first instance" to "a Jin-ro" in the fourth 8th of the judgment of the court of first instance, and " June 19, 2014" in the first 9 to " July 24, 2014" and "a judgment on the plaintiff's selective claims added in the trial of the court of first instance to "a judgment on the selective claims added in the trial of the court of first instance" as the ground of the judgment of the court of first instance. Thus, it is cited in accordance
2. Determination as to the Plaintiff’s selective claim added at the trial room
A. On September 25, 2012, I, another fund, the Plaintiff’s executive partner of the Plaintiff’s assertion, concluded a preferential acquisition contract with the non-party company that the Defendant served as the representative director, and invested KRW 500 million, thereby accepting the priority share issued by the non-party company.
Article 9 subparag. 15 of the Preferred Shares Acquisition Contract, which is stated and guaranteed by the non-party company, guarantees that “The investment proposal to be submitted separately by the non-party company is to be reflected and prepared in accordance with a reasonable basis based on the truth, fair and reasonable perspective as of the date of its preparation, and all the content of the investment proposal is not false or erroneous, and is not omitted.”
그러나 소외 회사는 위 우선주 인수계약에 규정된 진술 및 보장조항 가운데 설비규모에 관한 진술과 보장의무를 위반하여, 소외 회사가 2012. 8.경 기준 LED사파이어 잉곳용 고순도 F의 최종제품인 펠렛생산 관련하여 연 300톤 규모의 설비를 보유하고 있으며, 이에 따라 300톤의 생산준비가 완료되었다는 취지의 투자제안서를 I에 제시하였다.
However, even though the facilities have been supplemented after I's investment, the production capacity of the non-party company in 2013 was limited to 60 tons a year, and the production capacity in 2014 was improved to 120 tons a year.