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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. At the time of the instant investment, on April 1, 2010, the Plaintiff agreed to invest KRW 3 billion in a stock company B (hereinafter “B”) by acquiring convertible bonds.
(hereinafter referred to as “instant investment”). The holding ratio of shares issued by E (hereinafter referred to as “E”) to which the said money is substantially invested at the time B and following is as follows:
The shareholding ratio (%) C, D (hereinafter referred to as “C”) 64.83, Seldi Co., Ltd. (hereinafter referred to as “Seldi”), 18.5.67, 100, 16.67, 1001) B, a shareholding ratio (%) B 50, the Defendant, F, G, H, I, J, and K (hereinafter referred to as “private investors, including the Defendant”).
(2) the holding ratio of the E-issued shares in total 50 10 2)
B. On April 1, 2010, the Plaintiff entered into an agreement with individual investors, including B, E, ELD, C, and Defendant (hereinafter “instant agreement”), the main contents of the agreement, and the content of the agreement to provide security, as follows.
1) The Plaintiff made an investment of KRW 3 billion in B to normalize B’s management by acquiring convertible bonds. By June 30, 2010, the Plaintiff decided whether to make an additional investment by assessing the effects of B’s management improvement and determining whether to make an additional investment.
Article 1 of the instant agreement provides that “The purpose of the instant agreement is to prescribe the rights and obligations of the parties in relation to providing the Plaintiff with B and E stocks, etc. as security in order to protect the Plaintiff’s investment proceeds and preferential negotiating rights.”
B. Although it has gone through complicated procedures, such as “the method of investing the money after receiving the repayment of debt,” the investment amount in this case is expected to be used as the capital increase for issuing new stocks to E.
In addition, although the receipt of funds does not actually take place, it receives debt repayment in sequence based on the investment funds of this case.