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(영문) 서울서부지방법원 2018.11.29 2018가합35790
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff, such as the status of the parties, is a company established on October 29, 2002 for the purpose of providing consulting services and brokerage services for corporate purchase and merger.

The defendant was a company established on January 11, 2001 for the purpose of the business of manufacturing and selling precise chemical products, and C was the representative director on February 29, 201, and resigned on November 19, 2014, and C was the actual operator of the defendant at the time when C was the spouse.

According to the Defendant's audit report in 2014, as of December 31, 2014, C held 54,207 shares (41.64%) among the total number of shares issued by the Defendant 1,307,018.

E is the representative of the company called “F”, and the father of E was the actual operator of the above company.

H Co., Ltd. (hereinafter “H”) was a joint representative director around February 28, 2012, which was established on February 28, 2012 for the purpose of food service, franchise, consulting business, etc.

L Co., Ltd. (former trade name: K Co., Ltd.; hereinafter referred to as “foreign Co., Ltd.”) such as the acquisition of shares of the Defendant K Co., Ltd. listed shares at the KOSDAQ market around August 2002, as a company established on May 25, 200 for the purpose of the business of manufacturing and selling monitoring computer and drug precise chemical products.

On January 1, 2012, the Plaintiff and the Defendant concluded a purchase consultation agreement (consulting) with the Defendant to provide the Defendant with various services to acquire the right of management of the non-party company and to secure shares, and the Defendant and the non-party company entered into a management acquisition agreement between the Defendant and the non-party company, to determine the contingent remuneration to be paid to the Plaintiff as KRW 1

(hereinafter “The First Advisory Agreement”). From around 2012, Nonparty Company rendered a decision to assign new shares to the Defendant. The Defendant became the largest shareholder of Nonparty Company around that time.

According to the half-yearly Report in 2014, the defendant 6,346,242 shares (21.35%) among the total number of shares issued by the non-party company as of June 30, 2014, as of June 30, 2014.

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