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(영문) 대구지방법원포항지원 2019.05.30 2018가합10581

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s transfer of shares and the filing of the lawsuit to claim the return of shares; C (hereinafter “C”).

(2) On November 26, 2002, the Plaintiff, the Plaintiff, and D, who was the founder and the shareholder of the Plaintiff, and the employees of C, sold shares of KRW 7,184 per share to D in KRW 10,00,00 per share. D, the above 7,184 shares in title trust to the Defendant, and the Plaintiff sold shares of KRW 40,294 per share to the Defendant in KRW 10,50 per share. (2) The Plaintiff filed a lawsuit against the Defendant, including a claim for the return of the above C shares of KRW 40,294 shares, under the Daegu District Court Port Branch of the Daegu District Court 2005Gahap6455, the claim of the Plaintiff was dismissed on the grounds that D transferred shares to D in accord and satisfaction was trusted to the Defendant, and that the judgment against the Plaintiff’s obligation to pay interest of KRW 33,110 (hereinafter “instant shares”) was rendered to the Defendant, and thus, the Defendant was rendered 200 to the Defendant (hereinafter “instant”).

Therefore, the appeal filed by the plaintiff but the appeal was dismissed, and the above judgment became final and conclusive on February 10, 2008.

B. The defendant 1) on July 27, 2006, the E Co., Ltd. (the trade name after the alteration: the stock company after the alteration)

F. The total “E” before and after the mutual change.

(2) On May 2, 2008, the Defendant and E have sold KRW 2,329,635 shares including the instant shares in KRW 72,961,20,000, and received KRW 49,500,000 from E to August 16, 2007. (2) The Defendant and E have written an additional agreement to change the balance to be paid by E from KRW 23,461,20,000 to KRW 17,961,20,200,000, respectively.

3 E, when Korea Communications Commission rejected C’s approval for acquisition of management rights, is above the Defendant on June 7, 2010.