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(영문) 광주지방법원 2018.05.31 2016가합58586
손해배상(기)
Text

1. The Defendants are jointly and severally and severally engaged in the Plaintiff’s Intervenor’s 1,200,000 won and the Defendants’ 17 January 2017 to May 2018.

Reasons

1. Basic facts

A. The Intervenor joining the Plaintiff (hereinafter “ Intervenor”) is a company engaged in food disposal business, etc.; Defendant C is a person who owns the entire shares of the Intervenor Company in title trust with F and G, respectively, by holding 50% of the shares of the Intervenor Company in title trust with F and G, and substantially operated the Intervenor Company.

Defendant D is the legal spouse of Defendant C, who operated the Intervenor Company with Defendant C, and Defendant C is the chief of the Intervenor Company.

B. Around June 2014, the Plaintiff agreed with the Defendants to make investments in the Intervenor Company by purchasing the Intervenor Company’s shares from Defendant C. Accordingly, on July 3, 2014, the Plaintiff purchased KRW 15,500 in total from G, a title trustee of the Intervenor Company, and from F, KRW 418,50,000 in total.

C. Since then, the Plaintiff decided to purchase the shares of the Intervenor Company from Defendant C in addition to the shares of the Intervenor, and the Plaintiff was above October 28, 2014.

The terms and conditions of the share purchase agreement (hereinafter “instant share purchase agreement”) entered into with Defendant C, including the terms and conditions of the share purchase agreement, and the main contents of the said agreement are as follows.

According to the share acquisition agreement of this case, the purchaser is determined on the premise that the plaintiff is a sole purchaser under the share acquisition agreement of this case, since there is no dispute between the parties as to the fact that the purchaser is the plaintiff and I, but the actual purchaser is the plaintiff.

On the other hand, H, Defendant D, and E have jointly and severally guaranteed the obligations of Defendant C under the instant stock acquisition agreement.

Article 2 of the Agreement on Management and Transfer of Stocks / [Subject Matter of Trade Agreement]

1. All rights and duties incidental to the management rights and management rights in the participating company;

2. Article 3 of the common shares (30,500 shares), face value (10,00 shares) (10,00 shares) issued by the intervenor company owned by the defendant C

1. The intervenor company shall be based on the financial statements at the end of 2013 business years; and

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