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(영문) 서울중앙지방법원 2018.08.17 2017가합567332
손해배상(기)
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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) Company B, as well as KRW 30,000,000 from November 1, 2017.

Reasons

Basic Facts

The relevant Plaintiff is a person who served as the representative director of Defendant B (F) from April 19, 2012 to January 24, 2014.

Defendant E is working as the representative director of Defendant B from January 24, 2014 to that day.

The Plaintiff, including the Plaintiff’s acquisition of shares, and Defendant E agreed to purchase shares of Defendant B from G and H on June 27, 2012, as follows, and purchased all shares by each agreed date.

A: Plaintiff, H, and B: Plaintiff and Defendant E (hereinafter the same shall apply in this Schedule)

1. B shall purchase not later than December 31, 2012, and complete payment of the price therefor, total of 391,650 shares, including 257,00 shares and 134,650 shares owned by the Defendant B and other shareholders.

2. Eul shall acquire a total of 17 persons, such as I, for the defense of management rights and shall purchase a total of 323,720 shares of Defendant B owned by J, K, L, M, and N in total of 1,618,60,000 won per share and complete payment by December 31, 2012.

However, for shares owned by J and K, the purchase by July 31, 2012 and the payment of the price shall be completed.

On May 10, 2013, the Plaintiff purchased 300,000 shares of Defendant B fromO to KRW 1,500,000 per share ( KRW 5,000 per share).

Defendant E’s acquisition of Defendant B’s shares decided to resign from the office of Defendant B’s representative director, and sell Defendant B’s shares owned by the Plaintiff to Defendant E and D.

Around December 2014, the Plaintiff drafted a written agreement with Defendant D, which finally confirms matters relating to the sale of shares by Defendant B, as follows:

(However, the actual sales contract was entered into with Defendant E as seen in paragraph (3) below.

(a) Agreement A: Defendant D, B: The Plaintiff, and the target company: Defendant B (hereafter the same shall apply in this Table);

Article 1 (Purpose) The purpose of this Agreement is to clarify the obligations of Gap and Eul arising in acquiring the shares of the target company under the name of Eul and Eul.

1. B: February 28, 2014

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