손해배상 등
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company established on January 22, 2010 by C, D, etc. to take over a KOSDAQ-listed corporation (hereinafter “B”) that runs software development business, etc., and the Defendant is a company that engages in software development, sale, supply, etc.
B. On March 19, 2010, the Plaintiff, including the conclusion of the B underwriting contract, etc., of the volatile FenceC Co., Ltd., concluded a contract under which the Plaintiff takes over KRW 2.1 billion (hereinafter “B underwriting contract”) of B’s shares and the management right of KRW 6.2 billion (2.3 billion in the contract amount, intermediate payment, KRW 20.7 billion in the remainder, and KRW 2.0 billion in the remainder) from the volatile FenceC Co., Ltd. (hereinafter “B underwriting contract”). On the same day, the Plaintiff paid the down payment KRW 2.3 billion in the volatile FenceC on the same day.
(A) No. 3-1 (c)
E and F’s delegation of disposal of G shares, etc. 1) E and their wife F shall be G Co., Ltd. (hereinafter “G”).
2) The shares are 2020,000 shares (hereinafter “instant shares”).
F was originally holding 1 million shares of G, but F provided 70,000 shares out of the above shares to G in order to secure the liability of 3.5 billion won for compensation for investment loss incurred in G, and entered the above shares as the treasury shares on the G’s list of shareholders, and at the time, F was entered as the shareholders of 30,000 shares and 1020,000 shares in the list of shareholders.
(2) On May 31, 2010, the Plaintiff prepared a letter of delegation of disposition with the purport that the Plaintiff shall grant all rights related to the sale negotiation and price determination to the Plaintiff by May 31, 2010 (Evidence B 3).2) The Plaintiff prepared a written application for punishment with the purport that “it shall not be subject to criminal punishment in consideration of the fact that the Plaintiff has made best efforts to recover losses, such as making contributions to the G shares owned by E and family members in relation to the loss incurred during the work as the representative director of E in relation to the performance of duties.”
(No. 4) d.
The Plaintiff and the Defendant entered into a contract for transfer of shares, etc.