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(영문) 수원지방법원성남지원 2015.01.08 2014가합4237
손해배상
Text

1. The Plaintiff:

A. Defendant B shall be KRW 200,000,000 as well as 20% per annum from May 31, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B’s representative director of G Co., Ltd. (hereinafter “G”), Defendant C’s actual operator of Htel 508, Gangnam-gu Seoul Metropolitan Government Htel 508 (hereinafter “I”), Defendant D’s operator of a non-tradeal office in the same officetel 201 and 413, and Defendant J was a subordinate salesperson of Defendant D.

B. G was a corporation aimed at manufacturing and selling coffees, etc., and after its establishment, there was no device produced in addition to the prototypes until now, and the mass production facilities were not installed. G’s capital amounted to KRW 2.75 million out of KRW 3 billion. Based on G’s false financial statements, it was in a state of capital erosion from around 2008, and thus, it was merely short of the requirements for listing on the KOSDAQ, and it was impossible to make a round-up because the business outlook is uncertain and the financial structure is weak.

C. The Defendants conspired with K, etc. in order to create appearance that G’s shares will be promptly listed in order to sell high prices of G’s shares that are unlikely to be listed in fact at high prices.

Accordingly, the Defendants, K, etc. created the appearance that they are not overseas business trips, and through the above offices and the shares office of Defendant D opened several business presentations, etc. to unspecified customers, and displayed the English copies, etc. of the English bank guarantee certificates and contracts issued in the name of HSBC, which are only the draft of the English bank guarantee certificates and contracts issued in the name of HSBC with respect to G, and via their subordinate salespersons, “G will be listed at latest around April 2010. The share price will be at least KRW 30,000 per share, which leads to at least KRW 80,000 per share.”

The Defendants are currently listed on the stock market when around April 2010, the Plaintiff, who visited I around July 2009, who had publicizedd as above, called “G”, was listed on the stock market.

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