손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the pertinent parts as follows. As such, it refers to the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part II through 3 of the decision of the first instance is as follows. Part II through 4 of the decision of the second instance is as follows.
[1] On July 31, 2009, the Plaintiff entered into an agreement on acquisition of G stocks and management rights with I, who is the representative director of Defendant B and H (G Co., Ltd.). (hereinafter “G”), on August 3, 2009.
Accordingly, as of August 4, 2009, the "a contract for partial acquisition of stocks and management rights" in which the transferor I, I, I, and I, I, I, and I, I, and I, I, and I, I, and I, I, and I, the assignee, as well as the assignee, was prepared, and the main contents of the contract are as follows:
On the other hand, the Plaintiff issued an authentic deed of this case to I according to the above contract.
The subject of acquisition is 66,66 shares issued by G (39.21%) and part of management rights.
The acquisition price is KRW 4.22 billion.
Of the price for acquisition, 3.7 billion won shall be delivered with a notarial deed of the Promissory Notes in lieu of payment, and the remainder of the acquisition shall also be paid up to September 15, 2009.
The transferor and transferee shall appoint two directors, respectively, and one of the directors appointed by each person shall be appointed as joint representatives.
Joint representatives and directors designated by the transferee may participate in supervision and management by means of a resolution, etc. as members of the Council of G, but in principle, he/she shall not directly participate in the management and performance of duties of G.
If the transferee fails to pay the price on the due date for the performance, the resignation of the two directors that are conditional received shall take effect immediately.
If this contract is terminated due to a cause attributable to the transferee, the transferor shall return the transferred shares.