손해배상(기) 등
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The relevant Plaintiff A served as the representative director of D Co., Ltd., Ltd. (hereinafter “D Co., Ltd.”), and held 70% of the shares of D Co., Ltd.
Plaintiff
B as the children of Plaintiff A, held 30% of the shares of the D Company.
B. See 1, 2002, D Company E and F Limited Corporation (hereinafter “E Corporation”) around July 2002.
(2) On January 2007, the E Corporation established the F Limited Corporation (hereinafter referred to as the “F Corporation”) in China, on the following grounds: (a) Plaintiff A was the head of Dong and Dong, Plaintiff B was the head of Dong and the head of Dong; and (b) around January 2007, the E Corporation established the F Limited Corporation (hereinafter referred to as the “F Corporation”).
C. The establishment of the G Corporation and the acquisition of the business assets of the F Corporation 1) D Company merged with the U.S. H as its management has deteriorated around October 2007. In order to maintain the management right for the F Corporation, the Plaintiff A had the Defendant maintain the management right for the F Corporation as a separate corporation at the port of China’s head of China (hereinafter “G Corporation”).
2) G Corporation established on May 29, 2008, and ordered the F Corporation to take over all its operations and assets. 75% shares were owned by Plaintiff B, and the remainder 25% shares were owned by the Defendant, and Plaintiff B, as the president of the F Corporation, as the Plaintiff B.
3) On May 30, 2008, the Corporation sold all the business and assets of the F Corporation to the G Corporation within the limit of 3,200,000 (hereinafter referred to as “transfer contract”) (hereinafter referred to as “the transfer contract of May 30, 2008”).
4) On June 13, 2008, Plaintiff A deposited US$ 299,940 (Korean Won 307,000,000) in the Defendant’s account.
On June 17, 2008, the defendant paid USD 80,700 among USD 299,940 that was paid by the plaintiff to G Corporation A in the name of the plaintiff B, and USD 212,50 in the name of the defendant.
D Company's stock transfer and Defendant's acquisition of shares of Corporation 1) In the event of a merger with U.S. H company, D Company 14 July 2008 (hereinafter referred to as "J Company").