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(영문) 광주고등법원 2018.02.02 2014나11665
약정금 등
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim against the above revocation is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff received a comprehensive delegation from D, which was a major shareholder of the Defendant (formerly before the change on May 28, 2013: Co., Ltd.) and registered friendly E as the Defendant’s representative director from July 201 to February 2012, the Plaintiff himself/herself as the Defendant’s representative director, and actually performed his/her duties as the representative director.

After that, D transferred the Defendant’s shares to F on February 2, 2012, and F, which became the Defendant’s major shareholder, demanded the Plaintiff to transfer all the “the Defendant’s shares that the Plaintiff has” to the Defendant and suspend the duties of the representative director.

B. On February 27, 2012, the Plaintiff: (a) delivered each of the shares listed in the separate sheet (hereinafter “instant shares”) to the Defendant free of charge; (b) drafted, on March 8, 2012, a letter of commitment, stating that “I, before February 28, 2012, undertake not to hold the Plaintiff liable for the decision-making of the Defendant’s management and all of the investment expenses, prior to the Defendant’s management liable for the following civil and criminal liability (hereinafter “instant letter”).” to the Plaintiff.

C. On May 2012, the Defendant filed a complaint with the Plaintiff and E as occupational embezzlement for the following reasons with the Seoul Central District Prosecutors’ Office (hereinafter “the first accusation”), and executed a provisional attachment on the Plaintiff’s real estate on June 1, 2012.

In addition, on June 4, 2012, the Defendant filed a lawsuit for damages claim (Seoul Central District Court 2012Gahap46649) by asserting that the Plaintiff and E suffered damages equivalent to KRW 459,773,162 due to the embezzlement of the Plaintiff and E.

[1] (1) On December 6, 201, the Plaintiff and E entered into a contract with the Defendant to purchase KRW 265,50,000 of G real estate under the name of G (1,073 square meters of land, 1,653 square meters of land, 1,653 square meters of land, 1,653 square meters of land, and 1,653 square meters of land, 265,50,000 between the Plaintiff and the Plaintiff, the Plaintiff, and E, on December 6, 2011.

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