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(영문) 서울중앙지방법원 2014.10.30 2013가합552080
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The party status 1) Plaintiff B Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”)

A) The purpose of the Plaintiff is to provide military supplies and sell medical equipment. The Plaintiff A served as the representative director of the Plaintiff Company from December 29, 1995 to November 12, 2009. 2) The Plaintiff D (hereinafter “D”) is a company with the purpose of software development, supply, and repair.

The defendant served as D representative director from October 31, 2002 to February 15, 2006.

B. The Plaintiff A and the Defendant came to know of the Defendant through the introduction of the Plaintiff’s management right and the Defendant’s share acquisition contract (hereinafter “instant share acquisition contract”). On February 15, 2006, the Plaintiff A and the Defendant came to know of the management right and share acquisition contract with the Defendant to acquire KRW 850,000,000 from the Defendant and KRW 850,000,000 (hereinafter “instant share acquisition contract”).

The contents are as follows. ① At the same time, D and the Defendant are as follows: (a) increase of capital from 300 million won (the face value of KRW 500,000,000) as of this contract; (b) increase of capital from 150,000 won; and (c) the Plaintiff shall participate in the increase of capital from 150,000 won; (d) increase of capital from 40,000 won; and (e) the total number of shares after the increase of capital shall be 80,000 won. The Plaintiff shall own 20,000 shares (Article 3(2)); (c) after the completion of the increase of capital, the Plaintiff purchased 480,000 won shares owned by the Defendant from 680,000 won (the total number of shares issued) after the completion of this transaction; and (e) the Plaintiff shall own 150,000 won shares on the balance sheet (Article 3(1) of the Plaintiff’s previous Act.

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