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(영문) 서울고등법원 2016.09.28 2016나2015530

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The relationship 1) G Co., Ltd. (hereinafter “G”)

(2) On September 17, 2004, Plaintiff A was established on September 17, 2004 for the purpose of manufacturing and selling vending machines, paper-identification machines, etc., and Plaintiff B was established on November 30, 2005 for the purpose of manufacturing and selling electronic devices.

3) E Co., Ltd. (hereinafter “E”).

(4) On July 8, 2005, the Defendant accepted 64,000 shares of G in the name of the wifeJ and held the name of the family members including J in the name of the family members including J.

B. On January 15, 2007, Plaintiff A and D agreed to issue new shares 95,000 shares (per share) by holding a board of directors on January 15, 2007. 2) Plaintiff A and D agreed to “(i) to acquire new shares 60,000 shares by investing KRW 60,000 won in E” on the same day, and (ii) the Plaintiffs jointly and severally guarantee the investment principal, and (iii) if E is not subject to corporate disclosure within five years, Plaintiff A shall guarantee the interest rate of 10% per annum on the investment principal.”

(A) evidence 6.c.

Plaintiff

A and the Defendant’s conclusion of the instant agreement 1) A and the Defendant have a dispute over the management of G and E, and the Plaintiff and the Defendant agreed on July 2008, that “the management of two companies will be completely separated through mutual stock transfer, but the Plaintiff and the Defendant will be in charge of the management of E” (hereinafter “instant agreement”). Accordingly, the Plaintiff and the Defendant entered into an agreement with the F on October 29, 2008 (hereinafter “instant agreement”).

Plaintiff

A and the Defendant also included the terms “the Plaintiff’s D’s acquisition of shares” in the instant agreement.

The following arrangements are made between the defendant (the duty and representation of the shareholder's rights listed on the part of the defendant under the stock specification) and the plaintiff A (the duty and representation of the shareholder of the plaintiff A under the stock specification).

The defendant side of the statement of shares: K 20,00 K, L 1,400.