손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Fact-finding 1) The Plaintiff shall participate in the issuance of C’s new shares of KRW 560 million with the paid-in capital at KRW 560 million. 2) The Plaintiff shall pay KRW 2070 billion with the purchase price of KRW 50,100 shares owned by the Defendant to the Defendant and KRW 1.43 billion with the Defendant’s provisional collection of KRW 1.5 billion with the Defendant’s KRW 3.5 billion.
3) The Plaintiff paid KRW 2.5 billion to the Defendant by August 16, 2013, and at the same time the Defendant submitted to the Plaintiff a letter of resignation of the entire C-registered officer. 4) If the Plaintiff pays the remainder of KRW 1 billion to the Defendant by November 15, 2013, the shares issued by C shall be reverted to all the Plaintiff.
5) The shares 106,100 shares issued by C by November 15, 2013 are Scro at the certified judicial scrivener office designated by the Defendant. A. The Plaintiff is a stock company C (hereinafter “C”) on August 7, 2013.
(2) In order to accept the agreement with the Defendant, the following commitments with the Defendant (hereinafter referred to as “instant undertaking”).
(1) On August 13, 2013 and April 14, 2013, the Defendant received KRW 1.43 billion from C, and KRW 2.5 billion from the Plaintiff. (1) The Plaintiff deposited KRW 56,00 of the shares C, and the Defendant deposited KRW 50,100 of the shares with the Escke agent, and upon completion of the contract performance in accordance with the instant commitment, the Escke agent shall deliver the entire shares to the Plaintiff.
2) If the Plaintiff did not fully pay the price in accordance with the instant letter of undertaking, the Defendant shall confiscate 56,000 shares C owned by the Plaintiff as a penalty for penalty. B. The Plaintiff, the Defendant, and the Scro’s agents on August 14, 2013, pursuant to the instant letter of undertaking (hereinafter “instant Scro Agreement”), as follows:
c) The Plaintiff drafted the instant undertaking. The Plaintiff is a corporation D (hereinafter “D”) at the time the Defendant drafted the instant undertaking.
The Plaintiff did not notify the Plaintiff of the existence of the loan claim amounting to KRW 1.25 billion against C, although he was aware of the existence of the loan claim amounting to KRW 1.25 million.