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(영문) 서울서부지방법원 2015.10.14 2015가합32905
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff is a shareholder, officer, and employee of the E Co., Ltd. (hereinafter “E”), and the Defendants are liable for damages due to joint tort against the Defendants, asserting that: (a) although the financial status of E was poor, F, by deceiving F, as if the land and building in which E were occupied, was actually owned by E; (b) had F, unlike its registration name, purchased E’s shares; and (c) F, notified the Plaintiff of the same false fact; and (d) the Defendants directly notified the Plaintiff of the same fact; (b) had the Plaintiff acquire the shares of E from F; and (c) caused damage equivalent to the acquisition price by having the Plaintiff acquire the shares of E from F.

The facts indicated in each of the following: (a) the F transferred 700 shares of E from Defendant B and D in February 2009 to the Plaintiff in November 11, 2009; (b) the F sold 700 shares to the Plaintiff in KRW 236,00,000; (c) the shares acquisition agreement made between F and Defendant B and D, and the share acquisition agreement made between the Plaintiff and F to the effect that the land and the building in which E are in possession of E are in possession of E; and (d) the facts indicated in each of the written statement to the effect that the land and the building in the share acquisition agreement made between F and the Plaintiff are in possession of E may be confirmed. However, the above facts alone cannot be readily concluded that the Defendants notified F or the Plaintiff of false facts; ( otherwise, according to the entry in Gap 5-2, it can only be confirmed that F was subject to a non-prosecution disposition by the Defendants on suspicion of fraud as alleged by the Plaintiff; and (d) there is no evidence to acknowledge it differently from the Plaintiff’s testimony.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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