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(영문) 서울중앙지방법원 2015.05.22 2014가합589560

손해배상(기)

Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 914,506,794 and as a result, from January 3, 2015 to May 22, 2015.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(2) On February 15, 2007, Defendant C was established for the purpose of mining business, overseas resources development business, etc., and Defendant C was working as the representative director of the Defendant Company from the time of the establishment of the Defendant Company to the date of its establishment. (2) Defendant C was appointed as the representative director of DCO, Inc. (the trade name before DCO, LTD, and change are E; hereinafter “D”) on March 27, 2009, added the exploration and development of domestic and foreign resources to its business purpose, and was employed as the representative director of the said company until October 10, 2014.

B. Investment contract 1 between the Plaintiff and the Defendant C) with the following content that on January 29, 2007, for Defendant C and Defendant C’s F business, the Plaintiff made spot investment to Defendant C and the Defendant C established and transferred the shares of the Defendant Company to the Plaintiff after the conclusion of this contract (hereinafter “instant investment contract”).

① The Plaintiff concluded a contract. ① The Plaintiff invested approximately KRW 1 billion in facilities, equipment, and incidental expenses to Defendant C (Article 3). ② The Defendant C transfers to the Plaintiff 7.3% out of the outstanding shares of Inc., Inc., a corporation in Canada, and 3% of the outstanding shares of the Defendant Company, a Korean corporation, to the Plaintiff (Article 4). ③ When the Plaintiff enters into this contract, the Defendant C shall transfer the shares equivalent to the above shares out of the outstanding shares of the Defendant Company, and shall distribute the said shares after the establishment of the Defendant Company, and the Plaintiff shall not start with the equipment within five (5) days after the conclusion of the contract (Article 5). ④ The Plaintiff may not be engaged in a business directly or indirectly affecting the business operated by Defendant C without the prior written consent of the Defendant C (Article 15(2)).