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(영문) 서울중앙지방법원 2020.11.26 2018가합552689

손해배상청구의 소

Text

Defendant C: the Plaintiff:

(a) KRW 287,950,250 as well as 5% per annum from April 5, 2014 to August 21, 2018; and

Reasons

1. Basic facts

A. From March 27, 2007 to August 19, 2014, Defendant C managed D while working as the representative director of Defendant C Co., Ltd. (hereinafter “D”). From September 9, 2010 to June 2, 2014, and from June 18, 2014 to August 14, 2014, Defendant C also operated the Defendant Company as the representative director of Defendant B Co., Ltd (hereinafter “Defendant Company”).

I, as a confirmation note, assess the shares A 1,654,430 (the appraised Amount of 600 won/share) of the shares A Ha Ha Ha Ha Ha Ha Ha Ha Ha 2,757,430 won, evaluate them as 36,442 shares (the appraised Amount of 45,400 won/1 shares) and exchange B shares and D shares temporarily, and return to B shares (the Exchange price on the date of exchange of B shares) by the end of July 2014 after reduction of capital of 1,654,458,00 won per share) to exchange them with B shares after reduction of capital equivalent to 1,654,458,00 won per share.

B. On April 4, 2014, the Plaintiff and Defendant C: (a) temporarily exchanged shares 2,757,430 shares of the Defendant Company owned by the Plaintiff (hereinafter “instant shares”) and D shares owned by the Defendant C; (b) up to July 2014, Defendant C agreed to exchange new shares after capital reduction of the Defendant Company corresponding to the appraised value of the instant shares (1,654,458,000 won) with D shares; and (c) drafted a written confirmation of the following contents (hereinafter “each of the instant shares”).

C. Defendant C received 2,757,430 shares of the instant case from the Plaintiff, and provided them to E and F for the purpose of securing the borrowed amount, etc.

However, by June 5, 2014, Defendant C offered 8,435,430 shares, including the instant shares and the shares of the Defendant Company G, to E and F, and E and F disposed of 8,401,50 shares among them.

(d) the disposition was made.

Defendant C is the new shares of the Defendant Company corresponding to the appraised value of the shares of this case by July 2014, as determined by the respective letter of this case.