(영문) 서울중앙지방법원 2014.12.17 2014가합542745

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(영문) 서울중앙지방법원 2014.12.17 2014가합542745

청구이의

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 3, 2007, the defendant entered into a contract with the plaintiffs to purchase all of the shares of E Co., Ltd. (hereinafter "director non-party company") established by the defendant (hereinafter "the contract of this case"). The plaintiffs agreed to compensate the defendant for damages incurred to the defendant due to the fact that the plaintiff's statement and guarantee were not true and correct, as of the date of conclusion and termination of the contract (the date of August 17, 2007 or separate agreement). The non-existence of significant adverse changes, the financial statements base date (the date of March 31, 2007) did not have a significant negative impact on the non-party company's assets, liabilities, etc., and the non-party company made a statement and guarantee that the non-party company operated its business through an ordinary business process consistent with the past relationship after the balance sheet (the date of March 31, 2007).

B. Meanwhile, on March 27, 2007, prior to the conclusion of the instant sales contract, the Defendant requested a three-party accounting corporation to provide services for the inspection of assets and debts of the non-party company on March 31, 2007. After concluding the said contract, the Defendant requested the same services as the base date on August 31, 2007. As a result, on March 31, 2007, the total assets of the non-party company was KRW 2,076,139,266, and the total assets amount was KRW 2,221,75,121. On the other hand, on August 31, 2007, the total assets amount of the non-party company was KRW 997,230,092, total assets amount was KRW 2,344,547,390.

C. On August 26, 2008, the Defendant notified the Plaintiff A of the fact that the transferor of the instant sales contract violated the duty to make statements and guarantee under the said contract, thereby incurring damages equivalent to KRW 1.2 billion.

Accordingly, the plaintiffs are against the defendant as Seoul Central District Court 2009Gahap2790.

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