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(영문) 서울남부지방법원 2017.11.10 2017가단227718
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 580,117,000 for the Plaintiff and its related expenses on September 7, 2017.

Reasons

1. Basic facts

A. On June 9, 2016, the Plaintiff entered into a share acquisition agreement with the Defendant to acquire 6,000 shares issued by C with the following content. The date of sale and purchase of the subject matter is on the day after the month when C shares are listed. The transferee shall deposit the shares price specified in this agreement into the bank account designated by the transferor. The securities transaction tax and other tax incidental to the sale and purchase shall be settled after deduction. - The terms and conditions of settlement of profits and losses are to guarantee the principal amount of this agreement: In principle, this agreement shall be divided into five: (5) terms and conditions of settlement of expenses; and (2) The Plaintiff entered into a share acquisition agreement with the Defendant on June 10, 2016 to acquire 7,00 shares issued by D with the following content; and (3) the Plaintiff agreed to acquire 243,600,000 shares issued by D with the following content.

- The date of sale of the subject matter shall be one month after the date on which D Shares are listed.

A transferee shall deposit the shares price specified in this Agreement into the bank account designated by the transferor.

Expenses for the securities transaction tax and other taxes due to the sale and purchase of this case shall be settled after deduction.

-The terms and conditions of settlement of profits and losses: In principle, this Agreement shall be principal and interest, and shall be divided into five terms and conditions:5.

3) Around that time, the Plaintiff paid KRW 360,00,000 to the Defendant with the purchase price for non-over-the-counter shares in C and D. B. The Plaintiff paid KRW 1 related to the purchase of non-over-the-counter shares in E, F and G around June 20, 2016, as between the Defendant and the Defendant, around June 20,

Under the condition that the principal is guaranteed, the Plaintiff entered into a share acquisition agreement to acquire KRW 35,200,000 of shares issued by E, and around that time paid KRW 35,200,000 to the Defendant with the purchase price for the over-the-counter shares.

2 The plaintiff is between the defendant around June 28, 2016 and the above A.

65,147,00 won of shares issued by F, subject to the condition that the principal shall be guaranteed by F.

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