(영문) 서울중앙지방법원 2018.10.25 2017가합576855

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(영문) 서울중앙지방법원 2018.10.25 2017가합576855

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From March 30, 1998 to June 3, 2008, the Plaintiff was a representative director of C Co., Ltd. (hereinafter “instant company”) established for the purpose of interior construction business, etc., and held 11,021,340 shares out of total number of shares issued by the instant company 32,531,794.

The plaintiff's reference D held 98,237 shares of the above shares, E, the spouse of the plaintiff, 210,227 shares, and F, the plaintiff's private village, 1,653,27 shares, respectively.

B. On March 26, 2008, the Plaintiff, D, E, and F entered into a contract for acquisition of shares and management rights. The entry of “stock company” in the case of a stock company G on March 26, 2008.

The Plaintiff, D, E, and F sold 6,50,00 shares of the instant company held by the Plaintiff, D, E, and F, and entered into a contract for acquisition of shares and management rights with respect to the transfer of management rights of the instant company. The main contents of this contract are as follows: A, a major shareholder of the instant company, and three other (hereinafter referred to as “transferee”).

) and G (hereinafter referred to as the “transferees”);

B) On March 26, 2008, the term “company” has entered into a contract for transfer and acquisition of the right of management of the company. Article 2 (Transfer and Conclusion of Contract) The term “transferr” transfers the shares issued by the company as listed below to “transferees” and “assigns” shall take over the shares issued by the company under the terms and conditions of this Agreement: 1) The class of shares: (i) the class of shares: (ii) the registered ordinary share issued by the company of this case: (iii) the total number of shares issued by the company “: 32,531,794 Shares 4): 6,500,000 shares subject to transfer: 19,250,000 won (payment of the purchase price and delivery of the share certificates):

1.The terms "transferr" and "transferee" shall determine the payment of the price and the time of delivery of stocks as follows:

1. On April 2, 2008, the "transferee" shall pay the down payment of KRW 5 billion to the "transferor", and at the same time the transferor shall transfer the shares of KRW 1,700,000 to the "assignor" in real.

§ 8.

유사 판례

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