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(영문) 서울중앙지방법원 2016.12.23 2016가합515747

손해배상(기)

Text

1. The Defendants jointly share KRW 275,000,000 to the Plaintiff and Defendant A Co., Ltd. with respect thereto from March 30, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the objective of generating new and renewable energy and consulting business. 2) The Plaintiff is a company (hereinafter collectively referred to as the “project implementation corporation of this case”), which is promoting solar power generation business (hereinafter referred to as the “instant business”) between the company C (the representative director, Defendant B, and D (hereinafter referred to as the “D”) and the company (hereinafter referred to as the “project implementation corporation of this case”), both the company (hereinafter referred to as the “instant project implementation corporation”).

3) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On May 21, 2015, the Plaintiff and the Defendants agreed to purchase all of the shares of the project implementation corporation of this case (hereinafter “instant shares”) owned by the Defendants and the third party designated by the Plaintiff, and the specific terms and conditions of sale are set out in the stock sales contract to be concluded after the determination of the purchase price. The purchase price of the instant shares is determined by mutual consultation between the buyer and the Defendants based on the results of the actual inspection related to the instant business, and the Plaintiff concluded an agreement between the buyer and the Defendants to pay KRW 50 million out of the purchase price to the Defendants within three days from the date of conclusion of the agreement (hereinafter “instant agreement”).

The main contents of the instant agreement are as follows.

Article 1 (Purpose) The objectives of this Convention are the success of “B” (hereinafter collectively referred to as “project”) in the co-development of “B” (the Defendants referred to as “B”; hereinafter the same shall apply) and “W” of “W” and “W” of “W” and “W” of “W” and “W” of “W” of the Republic of Korea Navy F (21.78M).