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(영문) 서울고등법원 2018.05.23 2017나2000962
손해배상 등
Text

1. Of the judgment of the court of first instance, the part concerning the claim for damages against the defendant C by the plaintiff corporation is in this court.

Reasons

The reasoning for this case is that the court of the first instance, which accepted the judgment of the court of first instance, is the same as that for the judgment of the court of first instance, except for further or additional deletion as follows.

Part VI of the judgment of the first instance court, "Defendant C" through 14 shall be followed in the following manner:

Defendant C delegates all the powers of the representative director and shareholders (including shares 25 per cent) of the Plaintiff Company to the Plaintiff B and renounces their rights.

(including note 75,00,000,000 won for subscription). In addition, if the Plaintiff B redeems all the amount (including the subscription price for membership and interest rate at the time of settlement of accounts) invested in the Plaintiff Company within the end of July 2012, the Defendant C’s above authority as well as all the Defendant C’s real estate (including housing) to the Plaintiff and waives its rights.

“Defendant C requested the Plaintiff B to pay the additional project funds of this case, and on March 2, 2012 at the Plaintiff B’s request, the following descriptions are as follows (hereinafter “each of the instant notes”). The first and second sentences of each of the instant notes are “paragraphs 1 and 2 of the Agreement on the Waiver of this case”, and the entire agreement under each of the instant notes are “instant waiver agreement”.

) The letter of resignation was prepared and delivered by Defendant C to resign from the office of the representative director of the Plaintiff Company. The letter of resignation was signed by the following agreements (hereinafter “instant final agreement”) in Section 7, 8, and 9 of the first instance judgment of the Plaintiff Company: “The agreement was made with the same content as the following (hereinafter “instant agreement”; and the agreement under the instant agreement was “the instant final agreement”).

Part 8 of the judgment of the court of first instance shall be subject to the following measures: "A person has a duty to perform" in Part 2 through 7 of the judgment of the court of first instance.

The Plaintiffs are the representative director of the Plaintiff Company.

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