(영문) 서울중앙지방법원 2016.08.31 2015가단5190385

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(영문) 서울중앙지방법원 2016.08.31 2015가단5190385

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, on August 18, 2014, was appointed as an internal director of a stock company C (hereinafter “Nonindicted Company”) and became the sole director and the shareholder of the Nonparty Company.

B. On October 13, 2014, the Defendant entered into a contract with the Plaintiff to transfer all the shares issued by the non-party company and the right of management of the non-party company (hereinafter “instant contract”).

Article 1 (Persons subject to Trade Agreement) (1) (1) A (referring to the defendant; hereinafter the same shall apply) has lawfully owned 100% of the shares issued by the non-party company (a general share, a par value of 100 won) <2> Article 2 (Conditions for Trade) (1) concurrently with the signature and seal of this Agreement (referring to the plaintiff; hereinafter the same shall apply) shall pay to the non-party company the unpaid wages, rent, public charges and head office royalties, which are necessary for the maintenance of the non-party company, in sequence, and the Gap shall deal with the registration procedures for the director-company and the human resources required to be registered and sell all of the shares in possession on the date of the contract and sell all of the shares in possession.

(2) Within three business days after signing and sealing a contract, Eul shall deposit an amount of KRW 100 and KRW 100 million to be paid to Gap in the bank Sck account under the joint name of Gap and Eul.

100 million won of deposit is not the purchase price of shares of the company A but the amount individually disbursed for the company A and the contribution for the company for one year, after the registration procedure under Article 2(1) and the implementation of the share sales contract has been completed, the company A may withdraw the deposit solely after the purchase price of shares has been completed, and the company A shall deliver to B the corporate identification card of the company, the corporate seal imprint certificate, the corporate seal imprint certificate, and the corporate transaction passbook.

(hereinafter omitted) (3) At the same time, B has all the powers of Nonparty Company with the signature and seal of the contract.

④ As of the date of contract, Nonparty Company.

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