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(영문) 서울고등법원 2018.06.08 2018나2009539
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

The plaintiff's claim corresponding to the above cancellation part.

Reasons

1. The facts under the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 4, 5, 7, and 9, together with the purport of the entire pleadings.

[1] On December 11, 2002, the Plaintiff purchased 18,500 shares (emergency) issued by C Co., Ltd. (hereinafter “C”) (hereinafter “instant shares”) from B to KRW 10,000 per share.

In early 2012, the defendant (the jurisdiction of the defendant) investigated the purchase of the shares of this case while conducting the part of the corporate tax for the business year 2002 of the plaintiff.

In the above investigation, as of December 11, 2002, the defendant recognized that the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. held D buildings (hereinafter referred to as "C buildings"), 202,50 shares issued by E (emergency) by Co., Ltd. (hereinafter referred to as "E shares"), 40,00 shares issued by F (emergency) by Co., Ltd. (hereinafter referred to as "F shares"), 38,955 shares issued by G Co., Ltd. (hereinafter referred to as "G shares"), etc.

The defendant recognized the market price as KRW 690,000,000 as of December 11, 2002 of the building C.

The defendant recognized the value of the building in Gangnam-gu Seoul as 10,316,484,546 won, the book value of the building in Gangnam-gu, Seoul, Inc., and based on this, recognized the value of the building in Gangnam-gu as 1,026,472,50 won as of December 11, 2002.

The defendant recognized the value of FF shares as KRW 24,069 per share as of December 11, 2002, and recognized the value as of December 11, 2002 as KRW 7,850 per share.

Accordingly, the defendant recognized the value of the shares of this case as 109,544 won per share as of December 11, 2002.

[2] As of December 11, 2002, the Defendant recognized that the value of the instant shares as of December 11, 2002 was KRW 109,544 per share, and recognized that the Plaintiff purchased the instant shares at a price lower than the market price, and thereby included the difference between the market price and the purchase price (=1,841,564,00 won x 109,544 x 18,500 x 10,500 x 18,500 x 18,500 x 202 .

Accordingly, it.

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