(영문) 서울중앙지방법원 2015.05.22 2013가합84150

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(영문) 서울중앙지방법원 2015.05.22 2013가합84150

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 939,521,303 and the interest rate of KRW 20% per annum from November 7, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On August 17, 2007, the Defendant prepared an agreement on the acquisition and disposal of shares issued by E Co., Ltd. (hereinafter “instant arrangement”) (hereinafter “instant arrangement”) with the name of the contracting party as the Plaintiff around August 17, 2007, under the name of D, the vice president of C Co., Ltd. (hereinafter “C”).

The main contents of the instant arrangement are as follows.

1) The Plaintiff shall arrange for the acquisition of 41,93 shares issued by the subject company in total of KRW 23,813 per share (amounting to KRW 5,00), and KRW 1.0 billion per share. 2) The shares acquired by the Plaintiff shall be disposed of after September 20, 2007, but the time of disposal may be changed, if there is an agreement with the Plaintiff.

Before the time of disposal as above, the plaintiff can not dispose of the above shares at will, and can dispose of them without the consent of D.

3) The Plaintiff shall pay to D 60% of the profits derived from deducting the acquisition price from the acquisition price of the shares in return for the purchase of the shares in good faith. If the loss was calculated by the same method, D shall pay the amount equivalent to the loss amount to the Plaintiff (hereinafter “instant agreement for compensation for loss”).

B. B. Around August 17, 2007, pursuant to the instant arrangement agreement, KRW 1 billion was deposited in the securities transaction account designated by D, etc. Around August 17, 2007, the Plaintiff deposited 41,993 shares of the subject company (hereinafter “instant shares”).

C) The instant shares were acquired. The shares were subsequently changed to 16,151 shares at par value of 500 won through a split of shares, reduction of capital in the rehabilitation procedures of the subject company, and consolidation procedures, and sold to another person in KRW 60,478,697 between August 12, 2014 and August 20 of the same month. [Grounds for recognition] There is no dispute, and the shares A1 through 4, 6, 8 through 12 (including each number of shares) are included.

hereinafter the same shall apply.

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