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(영문) 서울동부지방법원 2015.10.13 2013가단57970

정산금 등

Text

1. The Defendant’s KRW 18,99,50 for the Plaintiff and KRW 5% per annum from August 29, 2015 to October 13, 2015.

Reasons

1. Facts of recognition (based on recognition: Facts without dispute, entry of Gap evidence, evidence Nos. 1, 2, 3, 5, 6, 7, and Eul evidence Nos. 14, the result of entrustment of market price appraisal to appraiser C by this court, and the purport of all pleadings);

A. The Plaintiff and the Defendant mutually invested and established D (hereinafter referred to as “D”), E (hereinafter referred to as “E”), and F (hereinafter referred to as “F”). The Plaintiff is the head of each company above, and the Defendant served as the representative director of each company above.

B. After that, the Plaintiff retired from D, E, and F on August 31, 2012. At that time, the number of Plaintiff’s shares was 35,000 shares (41,00 shares in the register of shareholders, but 6,000 shares are G), the number of shares of E was 18,00 shares, and the number of shares of F was 14,00 shares, and the Defendant and the Defendant agreed to acquire and settle the shares of the Plaintiff based on the appraised shares value by an accounting office.

(hereinafter “instant settlement agreement”). C.

1) The Plaintiff and the Defendant requested an appraisal of D’s share value according to the instant settlement agreement. As a result, the assessment of D’s share value per share amounted to 123.84 won. On September 12, 2012, the Defendant sent a text message to the Plaintiff on July 2, 2012, when it comes to the wind that took place on the settlement basis of accounts on July 201, 201. Considering that, the net asset value per share was KRW 741.6 won per share, and that, in relation to this, the Plaintiff raised an objection against the instant text message, the Defendant also sent the text message to the Plaintiff on September 13, 2012, when it comes to talk about the company situation, share assessment and interpretation, the Defendant also sent the text message to the Plaintiff on July 2012.

3. As to the above text messages.