IPO Penalty Clauses in South Korea
In South Korea a listing covenant is an obligation of means, not result. The Supreme Court set out when a failed IPO triggers a penalty payment.
In South Korea a listing covenant is an obligation of means, not result. The Supreme Court set out when a failed IPO triggers a penalty payment.
Korea’s Supreme Court held an issuer, both co-CEOs, and a disclosure officer liable for capitalizing Phase 1 R&D costs as intangible assets, awarding investors 30% of their losses.
A book inspection injunction with a fixed compliance window yields no daily penalty when indirect compulsion begins after it lapses. Supreme Court 2025Da218465.
How South Korean law treats a director who takes the company’s business opportunity: Article 397-2, the damages presumption, and the 2025 Supreme Court ruling barring set-off of unlawful gains (2021Da256696).
A Seoul court (2024Gahap21529) voided a notarial deed diverting a company’s KRW 680 million receivable to its representative director, holding that shareholder approval does not cure an abuse of representative authority or breach of trust under Korean law.
Can a creditor seize Bitcoin in South Korea? Learn how Korean courts attach a debtor’s withdrawal claim against an exchange under the Civil Execution Act, why exchanges and their banks are both named as third-party debtors, and how seized crypto is converted to cash.
A Korean lawyer explains shareholders’ voting agreements: why they bind the parties but not the company, and the remedies for breach under South Korean law.
When are consent and penalty clauses in South Korean investment agreements valid or void? A guide to the shareholder equality principle and court rulings.
Shareholders who win a derivative suit in South Korea can recover reasonable attorney fees from the company under Article 405. Key court rulings explained.
South Korea’s Supreme Court rules that delayed commencement caused by the contracting authority does not trigger liquidated damages under Clause 47(4). Learn what remedies Korean public construction contracts provide instead.