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(영문) 서울중앙지방법원 2018.11.08 2017가합532985

손해배상(기)

Text

1. Defendant B’s KRW 1,00,000,000 as well as 5% per annum from May 22, 2013 to March 14, 2018 to the Plaintiff.

Reasons

1. The part concerning the plaintiff's claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. The part of the Plaintiff’s claim against Defendant C, D, and E

A. Basic facts 1) The Plaintiff is a company with the objective of entertainment and transfer, etc., and Nonparty F was a representative director of the Plaintiff from June 18, 2012 to June 18, 2015, and a person who was in the position of internal director of Nonparty G Co., Ltd. (hereinafter “subject company”) from December 27, 2012 to July 19, 2013, and Nonparty H was a representative director of the Plaintiff’s internal director from February 29, 2016.

B) Defendant B was in the position of outside director of the subject company from December 27, 2012 to June 18, 2013; Defendant C was in the position of representative director and director of the subject company from March 30, 2012 to June 7, 2013; Defendant E was in the position of inside director of the subject company from March 20, 2013 to October 14, 2014; the Plaintiff entered into the instant share acquisition agreement with Defendant B on November 21, 2012 as follows.

(hereinafter “this case’s acquisition of shares”). In order to determine matters concerning the share of a company and the acquisition of the right of management between Defendant C (hereinafter “transferr”) and the Plaintiff (hereinafter “transferee”) with respect to a company (hereinafter “company”) which has its head office in Gangnam-gu Seoul Metropolitan Government, the agreement on acquisition of shares and the right of management is also concluded as follows.

Section 1 (Purpose of this Agreement) This Agreement is to provide for a registered common share of 1,336,100 shares (50 won per share; hereinafter referred to as "transfer shares") owned by the transferor and second installment which occurred by the Company in May 2012.