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(영문) 서울중앙지방법원 2017.06.30 2016가단5164307
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The purchase and sale contract of the instant shares concluded between the Plaintiff and C and 3 parties is 1) The Plaintiff is D Co., Ltd. (mutual E Co., Ltd. before the alteration; hereinafter referred to as “foreign Co., Ltd.”) from August 2007 to January 2008.

A) On December 10, 2008, the Plaintiff acquired 42,940 shares of the total number of issued shares of 80,000 shares and held office as the representative director of the non-party company on January 17, 2008. (2) On December 10, 2008, the Plaintiff concluded a sales contract with C, F, G, and H (hereinafter collectively referred to as “non-party 3”) to purchase KRW 19,071 shares of non-party 19,071 shares of non-party 3 (C7,735 shares, F4,36 shares, G 2,625 shares, H 4,375 shares, and 19,071 shares collectively referred to as “the shares of this case”).

3) From December 8, 2008 to March 31, 2009, the Plaintiff borrowed funds from Nonparty Company from Nonparty Company and paid KRW 221,70,375 out of KRW 739,01,250. (b) On September 17, 2009, the Plaintiff entered into an agreement with the Plaintiff and I et al. to pay KRW 221,70,375 out of the purchase price. (iii) On September 17, 2009, the Plaintiff is an auditor of the Nonparty Company, who held shares of the Nonparty Company in the name of K, his father, his father, and I is a son of J. In this case, the Defendant did not strictly distinguish the contractual status with the Plaintiff related to the acquisition of shares of the Nonparty Company, and it does not affect the instant case, and thus, it does not affect the Plaintiff’s distinction between I and J, etc., and the Plaintiff paid KRW 3750,750 and the Plaintiff’s remaining shares in the name of the Plaintiff and Nonparty 37130.

2 I et al. for the plaintiff from October 21, 2009 to November 17, 2009.

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