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(영문) 서울고등법원 2017.11.30 2016나2000033
위약벌
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) The Plaintiff is a corporation that runs real estate investment and consulting business, and Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(D) Co-Defendant D Co-Defendant D Co-Defendant of the first instance trial (hereinafter “D”).

[F] A corporation is a corporation that runs real estate investment business, etc. and F. (hereinafter “F”).

(2) C) from January 2008, the co-defendant E (hereinafter “E”) in the first instance court is the representative director, and G is the Plaintiff’s internal director and the actual owner.

B. F’s acquisition 1) G, C, and E agreed to acquire existing companies with a more than five years ago established at the beginning of 2004 and to jointly carry out real estate investment projects. In light of the risk of contingent liabilities confirmed after acquisition in the case of a company established for which the internal management status is not clearly known, G acquired the F’s business and agreed to acquire the F’s shares in the name of each stock company. 2) Accordingly, G established the Plaintiff on May 11, 2004, C, and D on May 6, 2004, and D on May 11, 2004, respectively.

3) The F’s issued stocks are F’s new corporations and H Co., Ltd. (hereinafter “H”) designated on May 28, 2004 by the said new corporations and D.

A) The Plaintiff was registered as the Plaintiff in the F’s shareholder registry, the Defendant Company, the 4,000 shares, D 1,000 shares, and H 2,00 shares, respectively. Around 2006, the Plaintiff’s 3,000 shares (30%) was changed from around 2006 to the end of 2012, and at least 4,000 shares (40%) owned by the Defendant Company, D 3,00 shares (30%) and 3,00 shares (30%) were changed to the Plaintiff, G, D, E, and the Defendants without the consent of other shareholders as the shareholders of F.

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