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(영문) 서울동부지방법원 2017.05.18 2016가단102628

손해배상(기)

Text

1. The Defendant: (a) KRW 50 million to Plaintiff C; (b) KRW 112.5 million to Plaintiff A; (c) KRW 37.5 million to Plaintiff B; and (d) above.

Reasons

1. Basic facts

A. On March 4, 2012, Plaintiff A and B established a new company (tentatively named “C”) with Defendant, and subsequently, the Defendant established a new company (tentatively named “C”) and agreed to conduct a business utilizing patent rights and F-new technology (a place where rain will flow in a certain area by combining video technology and civil engineering technology, and a place where rain will flow in civil engineering and engineering, and a technology which prevents damage by blocking the area at issue first; hereinafter “instant technology”) while engaging in a business utilizing the patent right and F-new technology owned by the Defendant. The Plaintiff A and B delegated the Defendant with all duties concerning the establishment of the new company, and decided to purchase the instant technology from the Defendant.

At the time, the defendant was operating the non-party company since August 2001 as the representative director of G Co., Ltd. (hereinafter referred to as "non-party company"), which is a program developer, such as road design.

B. On April 20, 2012, Plaintiff A paid KRW 20 million to the Defendant with the new company establishment fund and the purchase cost of the instant technology.

C. On April 30, 2012, Plaintiff A and B invested KRW 150 million between the Defendant and KRW 200,000,000,000 in total, and KRW 50,000,000,000 in total with the Defendant. Of them, Plaintiff A and B used KRW 50,000 as the new company’s capital, and paid KRW 150,000,000 to the Defendant at the expense of purchasing the instant technology.

The new company’s shares were to be owned by Plaintiff A’s Z 45%, wife I 35%, and Plaintiff B 20%, and the Defendant was to serve as the auditor.

The Defendant received the above purchase price from the Plaintiff A and B, and when a new company is established, the Defendant entered into a technology transfer contract separately between the company and transferred the instant technology to the new company.

The agreement in paragraphs (a) and (c) above (hereinafter referred to as the “instant agreement”). D.

Pursuant to the instant agreement, Plaintiff A opened one bank account in the name of wife B with a temporary corporation account to be used until the establishment of a new company around April 30, 2012, and received from Plaintiff B with its money of KRW 30 million and five.