logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.01.30 2019가합100760
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 Defendant purchased approximately 1/2 of the shares issued by D Co., Ltd. (hereinafter “D”) around February 2016.

Purchase was made as follows:

1) On February 18, 2016, the Defendant classified as a major shareholder of D and an executive shareholder of D on February 18, 2016 (the mother of the Plaintiff and five others; hereinafter “E, etc.”)

(2) On February 19, 2016, the Defendant purchased approximately KRW 1/2 of the shares owned by them at KRW 40,000 per share. On the same day, the Defendant purchased approximately KRW 1/2 of KRW 40,00 per share from January 1, 2018 to February 28, 2018, “E, etc. has the right to sell the remaining shares to the Defendant for KRW 40,000 per share.” (2) On February 19, 2016, the Defendant purchased approximately KRW 93 shareholders, including the Plaintiffs, and KRW 1/2 of the total shares owned by them at KRW 40,00 per share.

No stock option contract was entered into with the said 93 persons.

B. Upon exercising put options around February 2018, the Defendant purchased the remaining shares owned by E, etc. at KRW 40,000 per share.

C. The Plaintiffs, on February 23, 2018, to the Defendant.

A. A. The share sales contract to sell the remaining shares of D (Plaintiff A 43,542, Plaintiff B 43,85 shares) in 27,000 won per share (hereinafter “instant contract”).

(B) concluded. [In the absence of dispute over the basis of recognition, Gap's statements in Gap's Nos. 3, 4, 5, Eul's evidence Nos. 1 to 7 and the purport of the whole pleadings.]

2. The plaintiffs' assertion that they had induced the plaintiffs to purchase shares under the same conditions as E, etc.

The plaintiffs believed that they would sell the remaining shares in KRW 27,00 per share, in case of deception, E, etc., and concluded the contract of this case.

In the absence of the Defendant’s deception, the Plaintiffs could have sold the remaining shares of KRW 40,00 per share. Therefore, the Defendant is obliged to pay to the Plaintiff damages of KRW 566,046,00 caused by deception (=43,542 x 13,00 won per share), Plaintiff B 570,505,000 per share (=43,885 x 13,000 won per share) and damages for delay.

arrow