logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.08.14 2017가합1376
손해배상(기) 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants, as joint promoters, established E Co., Ltd. (hereinafter “Nonindicted Company”) on June 23, 199 and were appointed as directors, respectively.

Since then, Defendant C and D were appointed as the intra-company director of each non-party company on March 30, 2010, and Defendant B was appointed as the representative director of the non-party company on March 30, 2013. Defendant D was appointed as the representative director of the non-party company on March 30, 2013.

B. On June 12, 2015, the Plaintiff and the Defendants: (a) instead of investing KRW 250 million in the non-party company, the Plaintiff allocated 250 million shares newly issued by the non-party company (hereinafter “new shares”) to the Plaintiff; and (b) the Defendants agreed to transfer the shares issued by the non-party company (hereinafter “former shares”) to the Plaintiff each of 1,000 shares (hereinafter “instant investment agreement”).

C. On June 12, 2015, the Plaintiff paid KRW 250 million to Nonparty Company, acquired new shares of KRW 25,000,000, and acquired each share of KRW 1,000 from the Defendants, and then donated KRW 1,000 among them to F.

Accordingly, with respect to the total of 27,000 shares, including new shares 25,000 shares and the old shares transferred from Defendant B and D, each shareholder registry is prepared in the name of the Plaintiff, and the old shares 1,000 shares transferred from Defendant C in the name of the above F.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 8, Eul evidence Nos. 1, 1 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendants used a false statement of financial position, even though the financial status of the Nonparty Company is inferior and the shares issued are virtually no value, by deceiving the Plaintiff, thereby inducing the Nonparty Company to invest KRW 250 million in the non-party company, and at present, the Nonparty Company is in a de facto bankruptcy state.

Therefore, the defendants jointly compensate the plaintiff for the above intentional tort, and the amount equivalent to the above investment money paid by the plaintiff to the non-party company by deceiving the defendants to the non-party company.

arrow