(영문) 서울중앙지방법원 2015.10.15 2015가합517791

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(영문) 서울중앙지방법원 2015.10.15 2015가합517791

손해배상(기)

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1. The Defendant’s KRW 1,335,00,000 as well as 6% per annum from March 18, 2010 to March 20, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On April 3, 2008, the Plaintiff held 98,237 shares out of the total number of outstanding voting shares of the instant company 32,531,794, while holding the position of the president (unregistered officers) of Nonparty C Co., Ltd. (formerly changed D; hereinafter “instant company”).

From March 30, 1998 to June 3, 2008, Nonparty E, the representative director of the instant company, held 11,021,340 shares out of the above issued shares, Nonparty F, the spouse of Nonparty E, 210,277 shares, and Nonparty G, the representative director of the instant company, from August 1993 to December 24, 2008, held 1,653,27 shares, respectively.

B. On March 26, 2008, the Plaintiff, E, F, and G sold 6,500,000 shares of the instant company held by the Plaintiff, E, F, and G to Nonparty H (hereinafter “H”) and entered into a contract for acquisition of shares and management rights with the content of transfer of management rights of the instant company.

The main contents of the contract for acquisition of shares and management rights are as follows:

This contract shall be entered into between E and three other (hereinafter referred to as "transferor") that are the major shareholders of C Co., Ltd. (hereinafter referred to as "Co."), and H (hereinafter referred to as "Assignee") on March 26, 2008 with the "Company".

Article 1 [Purpose of this Agreement] The purpose of this Agreement is to transfer registered common shares and company management rights (including business rights) owned by the "Transferr" to persons designated by the "Assignee" and the "Assignee" through legitimate procedures in accordance with the terms and conditions prescribed in this Agreement, and to acquire them, and to promote mutual benefits by clarifying the rights and obligations of each Party to this Agreement.

Article 2 [Transfer of Stocks and Conclusion of Contract] The “transferr” shall transfer the shares issued by the company specified in the following subparagraphs to the “signee” in accordance with the terms and conditions of this Agreement, and the “signee” shall take over

1) Class of shares: Par value per registered common share 2) that is issued by the Bank of Korea:

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