Buy coins with investment money and file for bankruptcy... VCs hit hard by ‘intentional bankruptcy’ startups
Startup Company A receives investment funds and invests in Bitcoin... Afterwards, startup company B filed for bankruptcy, received investment from a VC, and then moved its business partner to a representative private corporation, effectively making the bankrupt venture industry “a case of violation of the duty of good faith… It must be resolved.” Startup company A is in the middle of a lawsuit with a venture capital (VC). This is because Company A used the investment funds to purchase cryptocurrency such as Bitcoin, contrary to the contractual purpose. VC filed a civil suit against Company A, requesting restoration of funds and compensation for damages. The criminal case filed charges of embezzlement or breach of trust. Previously, VC signed an investment contract with company A that imposed joint and several liability, joint guarantee liability, penalty for breach of contract, etc., but it was not enough to prevent the misappropriation of investment funds. After receiving investment from VC, startup company B transferred all clients of the existing corporation it pioneered to its new corporation. Investors filed civil and criminal lawsuits for violation of non-competition obligations and trade secret obligations, saying that as a result, the existing corporation's debt rapidly increased and it eventually filed for bankruptcy. According to the venture investment industry on the 13th, the worries of VCs and investors are deepening as some startups have recently intentionally filed for bankruptcy after using investment funds for personal purposes. This is because when a corporation goes bankrupt, the corporation and its debts disappear together, making it difficult to recover the investment. Kim Won-sang, senior attorney at Daeryun Law Firm, said, “There are often cases where corporate bankruptcy is filed for the purpose of seizing the corporation’s assets.” Attorney Kim said, “As long as it falls under legal excess debt (debts are greater than assets), the corporation can be declared bankrupt, and the corporation’s debts are extinguished as there is no separate exemption decision (decision that the remaining debt must be repaid). “It is abuse,” he explained. Although he did not intentionally file for bankruptcy, there are cases where the moral hazard of the individual representative was an issue. ‘Noda Lab’, a big data-based B2B trade transaction platform established in 2021, is planning to go through bankruptcy procedures. This is because the CEO fled abroad after using the investment funds without going through legal procedures. A VC who previously invested in Noda Lab believed that the company CEO had misappropriated the funds for personal purposes and raised the issue with the representative. The CEO reportedly returned the funds, claiming that he had used them for the company and not for personal purposes. However, the CEO is still absent, preventing the corporation from going through bankruptcy procedures. In 2023, Yoo Jeong-beom, CEO of Vroom operator Mesh Korea, withdrew and spent a total of 3 billion won without permission from the board of directors or court while the company was undergoing corporate rehabilitation procedures due to worsening liquidity. In July of this year, the court sentenced CEO Yoo to four years in prison on charges of breach of trust. The problem is that if the moral hazard of startups continues, the trust of VCs and investors will decline, which will likely weaken investment sentiment. One startup official said, “Investment in startups is just expanding, and I am concerned that the moral hazard of individuals will decrease the trust of VCs and weaken investment sentiment.” There is also a view that it is just a deviation of some individuals. An official familiar with the startup industry said, “With the launch of Korea Venture Investment since 2005, the government’s management and supervision functions have been strengthened, and in the private sector, accelerators (ACs) have emerged and close management is in place.” He added, “As most startup CEOs are conscientiously focusing on the growth of their companies, I hope that some cases are not seen as the whole.” Experts point out that individual self-purification is more important than supplementation through systems. One venture capital official said, “The CEO “If the duty of good faith is not fulfilled, the VC that manages the risk has no choice but to tighten the management,” he emphasized. “As this ultimately imposes sanctions on the founder’s active start-up activities, personal self-purification is necessary.” Reporter Kim Jeong-eun (xbookleader@chosunbiz.com)[View full article]
Buy coins with investment money and file for bankruptcy... VCs hit hard by ‘intentional bankruptcy’ startups (Shortcut)