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(영문) 서울고등법원 2016.01.21 2015나8263

손해배상 등

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Basic facts

A. The relationship between the parties 1) B.B. C. B.B. al. “B.” (hereinafter “B.B.”)

(2) On January 11, 2012, a company was established on November 21, 201 for the purpose of the business of selling golf measuring equipment and developing and supplying software. At that time, the Defendant owned 20,000 shares issued by Brazil at that time. (2) The UN Pluto Co., Ltd. (hereinafter “Nluto”) concluded a share acquisition contract with the purport of accepting KRW 20,816 shares of ordinary shares issued by Brazil from Brazil to KRW 90,00,576, with the intention of acquiring KRW 200,000,576 shares issued by Brazil.

(B) On the other hand, on July 13, 2012, the Plaintiff: (a) obtained all rights and obligations with respect to the golf sector of the Loluto, including the rights and obligations under the agreement with the Defendant and Brazil as seen below; (b) acquired all the shares of the Loluto owned by the Defendant and Brazil. (c) On the other hand, the Plaintiff entered into the instant golf system contract with 0% of the proceeds of the instant golf program (hereinafter “the instant software supply contract”) and the instant software supply contract with 20,816 Pluto, including software and hardware between 40,816, and the Defendant owned 20,000 shares. (c) On the other hand, the Plaintiff received 0% of the proceeds of the instant golf system supply (hereinafter “the instant software supply contract”) and 0% of the proceeds of the instant golf system supply (hereinafter “the instant software supply contract”).

The main text of the instant service supply contract is the main text.