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(영문) 서울북부지방법원 2015.03.31 2014나1933
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "1,260,00 shares (46.04%) in Part 6 of the judgment of the first instance among the judgment of the second instance shall be "1,260,000 shares (50 won per share, 46.04%)"; "property" in Part 3 20 shall be deemed as "property"; and "property" in Part 3 20 shall be deemed as "property"; and it shall be as stated in the judgment of the first instance except for further determination as to the matters alleged by the plaintiff, as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this shall be cited as it is in accordance with the main sentence of Article 420 of

2. Additional matters to be determined;

A. On June 25, 2014, D, the largest shareholder of C, the Plaintiff’s assertion, transferred KRW 1,476,790 per share to KRW 50 per share of C, which he/she held on June 25, 2014. Since the above value includes KRW 15% of management premium value, and KRW 15% of the premium value by the seller’s influence, the deduction of KRW 38.4615 per share (50 per share ± 130%) is the value per share of the instant shares, and where the successful bid rate has been appraised appropriately, 5.5168% of the successful bid price per share (46,920,000 won in the Plaintiff’s successful bid price ¡À850,500,000 won in the Defendant’s appraisal price). Accordingly, the estimated price for the successful tender per share shall be KRW 2.1218 (36.4615 won per share ±5.168%).

In other words, if the plaintiff's successful bid price per share is deducted from 37.2381 won (46,920,000 won ± 1,260,000 won per share) and 2.1218 won per share, the plaintiff's damage per share shall be 35.1163 won (37.2381 won-2.1218 won) and finally, 44,246,50 won (35.1163 x 1,260,00 won). Thus, the defendant is obligated to pay the damage suffered by the plaintiff 30,954,300 won (4,246,50 won x 69.587% of the defendant's fault rate x 69.57%).

B. According to the reasoning of the evidence No. 30, D’s transfer of C’s 1,287,00 shares to E on June 25, 2014, and C’s 189,79,790 shares to F to KRW 50 per share. However, solely on the basis of the above fact of recognition, the above fact of recognition alone is the sum of KRW 50 of the above transfer value or KRW 50 of the above transfer value and KRW 15% of the management premium value claimed by the Plaintiff and KRW 15% of the sales influence.

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