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(영문) 서울중앙지방법원 2015.06.11 2014가합540534
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a corporation C (hereinafter "C company").

(3) A research institute’s director was the director of the C company, and there was a conflict between C company’s representative director D and research results, etc., and around July 2005, C company’s laboratory was divided from C company in material and E (hereinafter “E company”).

(2) The Plaintiff established the E company, and was appointed as the representative director. 2) The Plaintiff was employed as a post of the Defendant’s Carst Graduate School from the time of the research institute affiliated with the F company, a telegraph of the C company, together with the Defendant. After the Defendant’s incorporation of the E company, the Defendant was employed as a director of the E company on March 2007, and retired on November 30, 201.

B. 1) A company owned 49.9% of the shares of E company at the time of the incorporation of E company, but thereafter, the share holding ratio of E company’s shares increased by five times thereafter. 2) The Defendant intended to completely separate the E company from the C company by having shareholders of E company (hereinafter “Plaintiff, etc.”) participating in the management and technology development of E company, including the Plaintiff, participate in a certain part of the E company’s shares divided by all of the shares of E company owned by the C company.

3) First, to this end, LCWD Co., Ltd. (hereinafter “ELCD”).

2) The G Co., Ltd. (hereinafter “G Co., Ltd.”) and

(4) On November 1, 2008, the Plaintiff, etc. sold to investors the shares of the E company, which the Plaintiff, etc. previously owned or is scheduled to purchase from LPD and G company, at a higher price, after borrowing the shares purchase fund from the E company, purchased the shares of the E company owned by the C company with the funds of the E company, and thereafter, the Plaintiff, etc. purchased the shares of the E company from LPD and G company.

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