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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2018.08.17 2017나2040830
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 23, 2001 for the purpose of development, supply, and consultation of software. 2) Defendant B served as a director or representative director of the Plaintiff from September 27, 2005 to September 27, 2014. From March 28, 2008 to December 2, 2013, the Plaintiff was a director of E Co., Ltd. (hereinafter “E”) (hereinafter “E”).

Defendant C served as the Plaintiff’s auditor from November 30, 2006 to March 30, 2015.

G has been serving as a director from November 16, 2001 to November 16, 2004 and November 30, 2006. From October 6, 2014 to October 10, 201, G is written that G is serving as a representative director on the Plaintiff’s register on November 10, 201.

Until now, the plaintiff has served as representative director.

3) Upon July 2004, E acquired 20 million shares of the Plaintiff’s 20,00 shares and 40,00 shares of the Plaintiff’s 20 shares around September 2005, but transferred 20,000 shares of the Plaintiff on March 31, 2009 to the Plaintiff as follows. (B) On October 20, 2008, the Plaintiff lent 300,000,000 shares to E on December 20, 200 to the maturity of 30,000 shares and 9% per annum.

(2) The Plaintiff and E extended the repayment period of the instant loan to March 20, 2008, and extended to March 20, 2009 on March 20, 2009. On March 20, 2009, E extended to April 20, 2009. 3) From October 20 to March 31, 2009, the Plaintiff paid to the Plaintiff KRW 5,326,010 as of December 30, 2008, and KRW 6,657,530 as of July 6, 2009, and KRW 11,983,540 as of April 20, 2009.

C. The Plaintiff and E’s share acquisition agreement 1) around March 31, 2009, the Plaintiff entered into a contract to acquire KRW 450 million of the Plaintiff’s shares owned by the said company from E (hereinafter “instant share acquisition agreement”).

The main contents of the instant share acquisition agreement are as follows.

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