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(영문) 서울고등법원 2017.06.09 2016나2054313
약정금
Text

1. The appeal by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), and the Plaintiff (Counterclaim Defendant) added at the trial.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that “64,98,648 won” was “640,98,648 won” and “640,98,648 won,” which is “640,98,648 won,” which is “640,648 won,” is added to the judgment of the court of first instance as to the selective claim added by the plaintiff in the trial, and the part concerning the counterclaim is identical to the reasoning of the judgment of the court of first instance except for the case where the part concerning the counterclaim was

2. The addition;

A. As to the Plaintiff’s assertion of damages arising from the Plaintiff’s tort, Defendant C, the representative director of Defendant B, had the Plaintiff induced the Plaintiff to participate in the Plaintiff’s offering of compensation for losses and interest or commission in violation of the principle of shareholder equality, in circumstances where it is extremely difficult for Defendant B to raise funds due to the accumulated financial deficit of Defendant B at the time of the instant contract and the management dispute of Defendant C. After the conclusion of the instant contract, the Plaintiff continued to sell the shares, and had the Plaintiff actively participated in the sale of the shares, but continued to hold shares. Since these acts constitute tort against the Plaintiff, the Defendants are liable to compensate for damages incurred to the Plaintiff due to Defendant C’s tort, the Defendants are found to include the instant agreement, interest and commission, which violated the principle of shareholder equality, and to compensate for losses incurred to the Plaintiff. According to the agreement of this case, the Plaintiff’s offering of compensation for losses incurred to the Plaintiff’s KRW 1,989,9850,50 prior to the conclusion of the instant contract, the Plaintiff’s offering of net income for the Plaintiff’s KRW 27070 billion.

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