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(영문) 서울남부지방법원 2014.06.26 2013가합8176
손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an investment contract with Defendant D Co., Ltd. and B (hereinafter “B”) from December 19, 2003 to December 2003.

The representative director of the company has been operating the above company. The defendant company invested KRW 2 billion in B, and the plaintiff and B take necessary measures to ensure that the shares of the defendant company in B are at least 51%. The defendant company will take over B shares of KRW 1 billion in the investment amount. In relation to the above investment, the defendant company will ensure that the representative director of the plaintiff is in principle for three years. However, this does not apply to cases where the failure in the management of the company or any other company is not affected by the non-performance of the company. Of the plaintiff's KRW 6.5 billion in the provisional amount of KRW 6.5 billion in the company's capital, 30 million in the amount of the investment amount of the defendant company as its capital. 2) On August 24, 2011, the plaintiff, the defendant company (hereinafter "the defendant company") and the defendant company D (hereinafter "the defendant company") concluded an investment contract to make an investment of KRW 2 billion in B with the defendant company as its capital.

The main contents are as follows:

3) Next, on September 23, 2011, the Defendant Company and B concluded an investment contract with the purport that the Defendant Company will invest in B by means of a third party’s participation in the allocation of capital gains. On October 21, 2011, the Plaintiff and B agreed that the Plaintiff would immediately repay KRW 300 million out of KRW 656,48,950, the representative director’s receipt of capital gains from the Defendant Company’s capital increase with the Plaintiff. 4) The Defendant Company acquired B’s stocks in accordance with each of the above investment contracts and participated in B’s capital increase with capital increase and become the largest shareholder who owns KRW 51.84% of the shares in B.

B. On September 2012, the Plaintiff, who resigned from the Plaintiff’s representative director, submitted a resignation letter to the effect that the Plaintiff resigned from the representative director B, and on October 15, 2012, the resignation was accepted through a resolution of the general meeting of shareholders on October 15, 2012

C. The Plaintiff’s claim against B, as of October 15, 2012, is from B.

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