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(영문) 의정부지방법원고양지원 2016.08.25 2014가합56515
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A and the Defendant’s partnership business agreement 1) Plaintiff A and the Defendant around September 2004, the Defendant Company D (mutual E Co., Ltd. before the alteration; hereinafter “D”).

(3) The Plaintiff agreed to jointly implement a new golf course construction project under the name of the Plaintiff, such as purchase of the FG land in Gyeonggi-gun, and agreed to receive 5,000 shares equivalent to 50% of D shares out of 10,000 shares (hereinafter “instant partnership agreement”).

(2) On March 23, 2006, the Defendant transferred the amount of KRW 450 million to H on the same day, and received KRW 450 million from H on the same day, and created the same external amount of investment in H on the same day, and thereafter, the Defendant transferred the Plaintiff’s shares to the Plaintiff that “H shall invest KRW 250,000,000,000 in the company’s shares, and at intervals of 55% (500 shares) out of the company’s shares, the Defendant shall yield 2.5% of each of the company’s shares to hold only 47.5% shares.” On December 14, 2006, the Defendant transferred the Plaintiff’s shares of KRW 450,250 (42.5%) to the Plaintiff and each of the Plaintiff’s shares to A (50%).

B. The Plaintiffs and I, and the Daeyang Industrial Development Co., Ltd., Ltd. (hereinafter “Moyang Industrial Development”) enter into and cancel a stock acquisition agreement between the Plaintiffs and I, and the Daeyang Industrial Development Co., Ltd. (hereinafter “Moyang Industrial Development”) on April 20, 209

B) Between D and D shares, the share acquisition agreement with the content of transferring the shares owned by the Plaintiffs to B to B and I (hereinafter “instant share acquisition agreement”).

(2) Article 2(1) of the Act provides that “The term “The term “the term “the term “the term” means the term “the term “the term” means the term “the term “the term” means the term “the term.”

1. In the list of shareholders of the company, the composition of the shareholders shall consist of Defendant 20%, J 17.5%, K7.5%, L7.5%, Plaintiff A 42.5%, and Plaintiff B 5%, but the de facto shareholders shall have 47.5% with the specially related person.

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