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(영문) 수원지방법원 성남지원 2018.10.16 2016가합204147
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The plaintiff is a corporation D (hereinafter "the case principal company").

(2) The Defendants assumed office as a director of each company of the principal of this case on February 9, 2012, and Defendant B held office as representative director on the same day.

B. Defendant B’s investment in Defendant B’s principal company of this case 1) Defendant B, who was in office as a representative director, is a stock company E (former trade name: F. F. F. E. hereinafter “E”).

A) A contract under which, around March 9, 2010, a person designated by E or E (hereinafter “instant investment contract”) made an investment of KRW 2.10,100,000 in the instant principal company by acquiring 66,667 shares of new shares issued by the instant principal company between the principal company and the Plaintiff and the Plaintiff, for which the Plaintiff was working as representative director (hereinafter “instant investment contract”).

and accordingly, the United States Corporation G [G, the trade name before change: H, hereinafter referred to as “G”) designated by E, 33,34 weeks, and E.

[2] On March 30, 2010, E, Defendant B, and Plaintiff subscribed 33,33 shares to the instant investment contract and entered into an agreement to take full charge of the operation and additional investments of the instant principal company. ① A and Defendant B, while taking full charge of the business of raising operating funds and acquiring listed companies (M&A), deposited additional funds of at least 5 billion won into the instant principal company’s account within six months, and used them as operating funds of the instant principal company or acquiring funds of the listed company, and ② the Plaintiff agreed to take full charge of research and development, financing of parts, and production of products (hereinafter “Annex A”).

3. After August 11, 2010, E, the Plaintiff, and the Principal Company are annexed to the instant investment contract and the first subsidiary agreement, etc.; ① E, Defendant B shall invest a total of KRW 5 billion in the Principal Company; and KRW 1.625,00 among them, the new shares issued by the Principal Company.

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