주식반환등 청구
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 6, 2010, the Plaintiff sold the shares listed in the separate sheet (hereinafter “instant shares”) to the Defendant for KRW 200 million and completed the transfer procedure.
(hereinafter “instant sales contract”). B.
On November 19, 2012, the Plaintiff sent to the Defendants a certificate of content that the instant sales contract was revoked on the ground that the instant sales contract was due to D’s deception.
[Ground of recognition] Facts without dispute, entry of Gap 6's evidence 1, 2, and 9's evidence, the purport of the whole pleadings
2. The Defendants asserted that the instant sales contract of this case contains an agreement to not claim damages with respect to the sale and purchase of shares, and thus, the instant lawsuit is unlawful as it was filed in violation of the aforementioned agreement.
According to the statement of evidence No. 1, No. 6-1, it can be acknowledged that the sales contract of this case contains a provision that “the seller shall not claim for any civil or criminal damages against Defendant B or Defendant C Co., Ltd. after the conclusion of the share sales contract.” However, it is difficult to view it as a content excluding claims for restitution due to the invalidation or cancellation of the sales contract of this case itself, which is the pertinent contract, and there is no other evidence to acknowledge that the non-instigation agreement was concluded between the Plaintiff and the Defendants.
Therefore, this part of the defendants' assertion is rejected.
3. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion is that D continues to have exclusive control over the management right of Defendant C Co., Ltd. for a long time, prepared false financial statements for the above company and embezzled the company’s funds. Based on such false financial statements, Defendant B, the wife of D, at the end of deceiving the financial status of the company based on such false financial statements, purchased the shares of this case from the Plaintiff.
Therefore, this case.