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Reasons
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(영문) 서울고등법원 2016.06.24 2015나19089
손해배상(기)
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

The main contents of the instant arrangement are as follows.

1) B(D) shall arrange for the Plaintiff (Plaintiff) to acquire 41,93 shares issued by the Company A in total of KRW 23,813 (in par value of KRW 5,000) and KRW 1.0 billion per share. 2) Shares acquired by Party A shall be disposed of after September 20, 2007, but the disposal point may be changed, if there is an agreement with Party A.

Before the point of time of disposal above, A cannot dispose of the above shares at his own discretion and can dispose of them with the consent of B.

3) A shall pay to B 60% of the profits derived from deducting the acquisition price from the disposal unit price of the said shares in return for the good faith of acquiring the said shares. If a loss was incurred by calculating it in the same manner, B shall pay the amount equivalent to the loss amount to B. B. Pursuant to the instant good faith agreement, around August 17, 2007, the amount of KRW 1 billion for purchase of shares was deposited into the securities transaction account designated by D, and the Plaintiff shall be 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. From August 12, 2014 to August 20 of the same month, the shares were sold to other persons at KRW 60,478,697 during the period from August 12, 2014. [Grounds for recognition] without dispute, Gap 1 to 4, 6, and 8 (each number is included).

hereinafter the same shall apply.

each entry, testimony of witness D of the first instance court, and the purport of the whole pleadings.

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