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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The plaintiff is a director (from May 9, 2002 to September 1, 2004; from June 20, 2006 to August 4, 2006; and from December 11, 2006 to June 13, 2007) or representative director (from May 9, 2002 to September 1, 2004; from March 6, 2007 to June 13, 2007; and the defendant is a company operating electric supervision business.
B. 1) From the beginning of November 2006, the Defendant, as a result of the merger between C and the Defendant, entered into negotiations with C, representing C’s shareholders (hereinafter “D”) to take over the electrical supervision records (around 710,000 square meters) from November 2006, and decided to take over C’s electrical supervision records at KRW 2.1 billion around March 2007. However, the amendment of the relevant laws makes it difficult to take over only the electrical supervision records due to the change of the relevant laws, the Defendant and C would promote the transfer and acquisition of the electrical supervision records through the merger, and as a way, concluded a “electric supervision agreement” and “stock transfer and acquisition agreement.”
Accordingly, on June 7, 2007, the Defendant entered into an electrical supervision agreement with C on the acquisition of all rights and obligations with respect to the electric supervision business of KRW 860 million, and on June 12, 2007, the Defendant entered into a stock transfer agreement with C on the acquisition of KRW 250,000 (D 103,610, Plaintiff 83,390, E63,000) of the total shares of KRW 1.68,000,000 (hereinafter “instant stock transfer agreement”). On June 12, 2007, the Defendant fully paid the following amount: (a) deducted the settlement amount of KRW 60,591,410,000,000,000,000,000,000,000,000 won, including value-added tax, from the shareholders of C’s account to the account; and (b) transferred the shares from the Defendant’s account under the name of KRW 8584,85,8686.85 million.