beta
(영문) 서울중앙지방법원 2016.12.28 2015가단5336280

구상금

Text

1. The Defendants jointly share KRW 24,000,000 with respect to the Plaintiff and 5% per annum from May 25, 2011 to December 28, 2016.

Reasons

1. The Plaintiff purchased 42,940 shares out of 80,000 shares issued by Defendant C Co., Ltd. (hereinafter “Defendant Co.”), from August 2007 to January 2008. On January 17, 2008, the Plaintiff was appointed as the representative director of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

The Plaintiff borrowed a total of KRW 1.5 billion from the Defendant Company in the process of purchasing the above shares. On October 1, 2009, the Plaintiff repaid the amount equivalent to KRW 620 million out of the above borrowed shares by incorporating 160 million out of the purchased shares into the Defendant Company’s treasury shares.

B. On September 2009, the Plaintiff, Nonparty E, and F (hereinafter “Nonindicteds”) decided to sell all of the shares, etc. of the Defendant Company owned by the Plaintiff to the Nonparty. On September 15, 2009, the Plaintiff entered into an agreement with E on acquisition of shares with the Defendant Company owned by the Plaintiff. On September 15, 2009, the Plaintiff entered into an agreement with E on acquisition of shares with the content that the shares are sold to E., and on December 16, 2009, the Plaintiff “the time of retirement of the Plaintiff shall be the end of December 2009, but the normal retirement allowance shall be paid separately after retirement, and the amount of KRW 100 million of the retirement allowance for public service shall be paid in advance before December 2009. The “securities transaction tax0.5%” based on shares shall be that the Plaintiff bears 50% and KRW 50% each.”

(1) On September 17, 2009, the Plaintiff entered into an additional agreement with the Nonparty on September 17, 2009 on the acquisition of shares in the content of the first and second transfer agreement with the Nonparty, and the Nonparty as the transferor, and the Nonparty entered into an additional agreement on the progress of the first and second transfer agreement with the Nonparty on November 30, 2009, including “the resignation of the representative director of the Plaintiff: November 30, 2009,” and includes “the resignation of the representative director of the Plaintiff” as well as “the resignation of the representative director of the Plaintiff.”

x) The Nonparty between Defendant B and Nonparty I on October 19, 2009, and the Nonparty from the Plaintiff.