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(영문) 수원지방법원 2020.01.14 2019나57442
약정금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same part of the reasoning of the judgment, except where the plaintiff added a judgment on the claim for damages due to the conjunctive illegal acts added by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The Plaintiff, when the Defendant sells the shares of this case to the Plaintiff at the latest, agreed to repurchase the Plaintiff’s preemptive claim by adding a statutory interest of KRW 100,00,00 to the amount of KRW 60,00 per share until October 2016, if the shares of this case were to be sold to the Plaintiff. If the transaction amount per share up to October 2016 does not exceed KRW 20,000 per share, then the Plaintiff agreed to collect the said shares by adding a statutory interest of KRW 100,000 to the amount of shares received from the Plaintiff. The amount of KRW 10,000,000 for the shares increase rapidly during the period when the C’s capital was not relatively short. Meanwhile, the Defendant was disposing of the Defendant’s shares to the Defendant’s stock account from the representative director F to the majority including the Plaintiff, and thus, the Defendant conspired with F and thus, sought compensation for damages against the Defendant’s tort and its delay damages.

Degnating refers to all active or passive acts that discharge the fiduciary duty and duty in good faith with respect to property transaction (see, e.g., Supreme Court Decision 2002Do3455, May 30, 2003). However, in cases where the mere exaggeration or falsity is involved in the publicity and advertisement of goods is lacking as much as possible in light of the ordinary commercial transaction practices and the good faith principle, but where a false notice is made in a manner to the extent that it would be subject to criticism in light of the good faith and duty of good faith, it constitutes deception.

Supreme Court on April 23, 2009

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