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(영문) 서울서부지방법원 2019.05.03 2018가단220744
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff is the representative of the company called “C” and his father was the actual operator of the above company. (2) The Defendant was established on January 11, 2001 for the purpose of manufacturing and selling precise chemical products, and E was appointed as the representative director on February 29, 201, but resigned on November 19, 201, and F was the actual operator of the Defendant at the time when he was the spouse of E.

According to the Defendant's audit report in 2014, as of December 31, 2014, E held 544,207 shares (41.64%) among the total number of shares issued by the Defendant 1,307,018.

3) G Co., Ltd. (hereinafter “G”).

4) The H Co., Ltd. (hereinafter “H”) was a joint representative director around February 28, 2012 by a company established on October 29, 2012 for the purpose of carrying out business, such as consulting services, brokerage business for corporate purchase and merger, etc.

B. 1) L Co., Ltd. (former trade name: K Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”)

(2) On January 2012, 2012, G and the Defendant entered into a purchase consultation agreement with G on the amount of contingent remuneration to be paid by the Defendant to G, which is KRW 150 million, in the event that a management right acquisition agreement is entered into between the Defendant and the non-party company, on May 25, 2000, with a company established on May 25, 200 for the purpose of the business of monitoring and precision chemical products manufacturing and sales business.

(3) The non-party company decided to assign new shares to the Defendant from around 2012, and the Defendant became the largest shareholder of the non-party company around that time. According to the semi-party company’s half-yearly report in 2014, the total number of issued shares of the non-party company as of June 30, 2014.

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